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scooter318

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Hi Everyone

I recently had a C&P exam on the 9th of July, the examiner told me that it would take 30 days for her to do her research and come to a decision about my claim. So the 9th of September was the 30 day mark and the case is still open as of today. I checked my blue button records and she actually made a decision on my claim the same day she said it's less likely than not. So my question is has any one seen results take this long and why would she lie to me and say it's going to take 30 days for her to find results and she made a decision the same day.

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Did the IMO actually support your treatment notes and your pvt doctor's treatment (if it was the same doctor)? They can't just say "X = Y" they have to also write the rationale behind it, also. Maybe they did- we haven't seen it. None of us are raters (that im aware of- I know IM not) so the best you can do is support things as best as you can, with as much treatment and/or literature (if they are citing something) links as you can get. 

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Yep

The IMO did actually support what my VA medical records and private records said but like you stated I'll just have to get more over whelming evidence the next go round.

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Did they list the IMO as evidence in the decision?

If so , did they give a rationale for not considering it?

Did it follow the IMO IME criteria here at hadit?

Can you scan and attach the decision here? Cover your C file and name, address prior to scanning it.

Please include the Evidence list too.

 

 

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These claims Can succeed-

 
I need to correct myself- when you get the decision please scan it and the Evidence list and post it here-redact your C file # , name, address prior to scanning it)
 
"ORDER

Service connection for migraine, secondary to service-connected post-traumatic stress disorder (PTSD), is granted.

REMANDED

Entitlement to service connection for sleep disturbances encompassing insomnia and obstructive sleep apnea, to include as secondary to PTSD, is remanded."
 
https://www.va.gov/vetapp20/files7/20049540.txt
---------------------------------------------------
In part: 
"Entitlement to service connection for migraine headaches, secondary to service-connected PTSD on a causation basis, is granted."
https://www.va.gov/vetapp20/files11/20075996.txt
-----------------------------------------------------------
In part:
"Entitlement to service connection for migraines, to include as secondary to PTSD, is granted."
 
I noticed the C & P examiner went to Google ( Pub Med) to find anything to deny the claim.
 
The IMO should have been in the record she had......
 
Can you scan and attach the IMO here? Cover C file, and name address etc.
 
If the IMO conformed to the IMO criteria here, it should be considered by the VA. If not, they have committed a CUE .
 
What proof do you have that they ( VA) received it?
 
Some of us, with outstanding IM0/IMEs had them completely ignored by the VA.
 
In my case the BVA did not ignore 3 IM0s I had years ago and awarded.
 
It amazes me how the VA will Deliberately ignore our most probative evidence. 
 
The HLR resulted from a letter I sent to former VA Secretary Shulkin.
 
You might need to have a HLR- they are trained, just as my letter requested, to seek CUE in decisions before the decision is sent to the veteran or survivor.
 
That sure can reduce the BVA backlog because many claims are remanded by the BVA because the RO's made legal errors in the claim decision.... a Remand ( which adds YEARS to a claim)  usually  means a re-do of what the VA should have done in the first place.
 
 
 
 
 
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