Cfr (return The Report)

[Guest jangrin]

It says in the CFR to "return the report" if a report is not specific enough to use for rating purpose. Who are they suppose to return the report to? Is it only C&P reports? Is it the VA only or does this include the vets IMOs? Has anyone ever been aware of a report being returned while in thier claim process?

Berta, you said in your posts that you were told the IMO were not good and of no value. If so, shouldn't they have returned them to you? Also, if an IMO is not used in an evaluation of disability, (DR. BASHs IMO?) shouldn't the verteran have gotton it back from the rater? I think this could be used in NODs when the veteran is denied and the evidence is ignored.

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 4—SCHEDULE FOR RATING DISABILITIES

Subpart A—General Policy in Rating

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§ 4.2 Interpretation of examination reports.

Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes.

[41 FR 11292, Mar. 18, 1976]

[Pete53]

Berta:

I am confused but wish you the best of luck.

[Ricky]

Jangrin - That part of CFR 38 you are quoting pertains to medical examinations that the VA orders and not IMO's.

Alex - I understand the requirements of the VA as issued by the court, however, what if they simply say denied cause of no evidence of a current or active disease? The only evidence of record was a C&P which supported the claim (said disability existed during exam) and two IMO's which supported the claim (same as C&P). Three medical opinions that supported the claim and no medical evidence in the file to counter the good evidence or support the raters decision however, the rater denied the claim without addressing any of the opinions. Can they do that? would they at least have to address some of the medical evidence? I do not think the court intended for such a situation as this to happen for this left the vet having to guess the reasons for denial when his Form 9 was prepared. No way to attack the SOC other than his original arguments of VA doc along with board certified doc said disease existed on XXXX date.

[allan]

And in every case I have seen, VA notifies the veteran and his service rep that it is going to seek an IMO (I think this is either in the regs or M21/M21R)and, when it comes back, gives them 60 days to comment on it.

Ten yrs ago, I was sent to a VAMC C&P by a VA examiner, his opinion service connected, "all" issues before the BVA now. His comments included,"as my symptoms & complaints have been consistant since the 70's.

Two months later after the VARO recieved the examiners opinion, they scribbled on a note & sent it over to a staff consultant at another VAMC, stating they couldn't get an answer from this other C&P examiner. This examiners opinion was not favorable & the basis for the denial used ", The Vet had no history of complaints utill the 90's",is what the opinion & the denial said

"THREE" days later, the claim was denied on the basis that the, "ONLY" medical opinion of record, was not favorable is what they claimed.

The next "THREE" SOC's pumped out by the DRO, rubber stamped the same basis for denial.

Couple yrs ago, Dr bashes IMO's he submited, was completely tossed asside by the RO on a remand. They requested an IMO from another VA consultant. This consultants basis to not serviceconnect my health issues, was that I didn't have any health complaints untill the 70's according to him.

Due process should never be confused with what the DVA provides as a claims process.

lies & deception to defraud veterans is much closer to the truth.

Allan

PS........it's good to see you post Alex.