exam 8 minutes

[uniccco]

Service connected  for MDD, Panic Disorder , Insomnia disorder, Obstructive sleep apnea all triggers for migranes i was of course denied she said migranes were primary hedaches and cant be caused by any of these triggers, she addressed no agravation and denied me what should i do  ?

[Rivet62]

On 1/29/2022 at 9:11 PM, uniccco said:

Service connected  for MDD, Panic Disorder , Insomnia disorder, Obstructive sleep apnea all triggers for migranes i was of course denied she said migranes were primary hedaches and cant be caused by any of these triggers, she addressed no agravation and denied me what should i do  ?

What the heck does a NP know about what can trigger headaches?  I'm not sure if I recall correctly, but I think one of the effects of sleep apnea are headaches. I was diagnosed with central sleep apnea, a type of sleep apnea caused by some miscommunication in the nervous system. 

The medical consensus appears to be that headaches and sleep apnea go hand in hand.

https://cpapsupplies.com/blog/migraines-and-sleep-apnea-headaches#:~:text=The different types of headaches that can be,-Headaches caused by the widening of blood vessels.

Perhaps you should have claimed headaches, generally, not specifically calling it migraines.

 

The discussion here on Higher Level Review (HLR) might serve you best, instead of a BVA appeal. In the discussion, the Hadit member called flow1972 detailed how she used the HLR path of appeal, and she got a telephone meeting to resolve the problem. Maybe that's your path forward.  Maybe you can start a new post titled Higher Level Review for denial of your headaches. Maybe you can get others with more experience than me to comment on the effectiveness of an HLR appeal of your headache denial.

 

Edited January 31, 2022 by Rivet62
Brain not working

[Rivet62]

33 minutes ago, Buck52 said:

Now please don't get me wrong here  some times the VA Dr will help us and we may not know it??

Oh well I CAN say that the majority of VA docs have been golden, truly advocating for me in the growth of my medical records to support my claims.  It's just that a crappy VA doctor can happen, but every single VA doctor I've had since the bad one has been golden. And honestly, I think MyHealth eVet messaging has helped them help me. I wouldn't have my care outside of the VHA if I had the choice. It's been great.

What you said about "sometimes the VA Dr will help us and we may not even know it??"  Well, you know what?  I came to know that recently.  I fully realized that just a few weeks ago.  My VA doctor empathizes with my conditions and my position where it concerns the VBA.  I never asked her for anything to support my claims, but she is literally telling me "do this. do that first," because she can't do certain things until I do. Such as, if I'm in acute pain go to the emergency room.  I think she understands documentation.

44 minutes ago, Buck52 said:

Some times these Notes can be very Beneficial to the Veteran    he cam make copies and highlite the parts thats favorable to what he needs for his claim,   he can submit these notes  ''highlite '' what is favorable to his/her claim so the raters will be sure to see it .

I'm glad you're on MyHealth eVet.  Oh, I have made good use of the kinds of notes you highlight. Absolutely. Yes. The doctor's notes are golden.

[Rivet62]

56 minutes ago, Buck52 said:

he can submit these notes  ''highlite '' what is favorable to his/her claim so the raters will be sure to see it .

That's a good idea. Broken Soldier said that he creates an executive summary (itemizing his claims, with links to doctors notes and other evidence, so the raters see it easily).

I can't remember where he posted that but it's brilliant the way he set it up.

Edited January 31, 2022 by Rivet62

[Mr cue]

3 hours ago, Buck52 said:

Please don'tell Veterans on Hadit  a IMO/IME is a money down the drain''   just becuse you never had to,   (good for you) but like I said some of Veterans and theres a whole lot on hadit  that had to get IMO'S /IME'S

I  stated my opinion an what I feel

it is a waste of money and I feel it is money down the drain

It may help some but like I said the va doesn't have to accept it.

And most likely will order it owe exam to make up for ain't short fall.

Like I said we can disagree to agree but I can post what I feel 

It up to the veteran  on who advice they choose to use if they choose to use  anybody advice.

 

[Berta]

I certainly must disagree with you and the others here are correct  on th need of many vets and their survivors to obtain  IMO/IMEs.

I stated my reasons for the need for IMO/IME in many situations here-and in your threads,  so I wont repeat that again- only reminding any one out there reading this that MANY of us have obtained IMO/IMES that awarded our claims and the cost of the IMO/IME was easily absorbed by the additional comp the independent medical opinion supported.

You said: 

"My opinion only time a imo is need is maybe when u are trying to get service connected.

There is no law that the va has to accept these pay to play exams.

I just am not a fan of them"

I diagree with this:

You said:

"There is no law that the va has to accept these pay to play exams."

That is incorrect.

If an IMO/IME is probative to a claim ( meaning the IMO/IME doctor has the expertise to opine on the type of claim, and has given the VA a full medical rational, often bolstered by current and strong medical studys and abstracts,)

and the VA does not 'accept' the IMO/IME, that is a bonafide and valid CUE under violation of 38 CFR 4.6.

If the VA does accept the IMO/IME but favors a negative C & P exam,instead, th veteran can still succeed under Benefit of Doubt ,by fighting back with the lousy C &  exam.

I experienced all of the above , paid over 5 thousand dollars for IMO/IMEsfor th most important claim I had and the claim was awarded by the BVA, due to the 3 MOs I had ( one was a freebee) and the forensic firm I paid over a thousand refunded a good part of that fee becuse tthe BVA awarded before their cardiologist even prpared the IMO ( which I knew would have supported my claim, as I knew the evidence I had was excellent.

Some former member here used to call Dr Bash my "boy" because I recommended him a lot for certainly claims here ( and I still do)  because  his experience as a former VA doctor and as a NeuroRadiologist would turn the claim around.

It helps no one , to include the hundreds of guests daily ,who read hadit, to suggest that IMO/IMEs have no value. 

I disagree with this statement too:

'My opinion only time a imo is need is maybe when u are trying to get service connected.'

An IMO/IME dotor cannot perform  a miracle, if the SMRs or Personnel file reveal no valid nexus and the veteran has no buddyletters  to bolster their claim.

But as you say you can certainly say what you want to say here-

because there are plenty of us here with our own opinions based on our own documented experience, to give veterans a choice of what advice they will follow.

 

 

[Berta]

To add - by"accept" above I mean that the VA has to actually read it.

I filled a CUE and got a Double DRO review many years ago because the DRO never acnowlded my IMO from Dr. Bash. I asked my socalled Vet rep, who had gotten a promotion ( was since Demoted and taken off all  claims issues) to be at the VARO office to represent me before the second DRO review and to make sure the DRO accepted my IMO (s) and got them into the record.

I got the same DRO ,who did not accept the IMos in the denial and she handed him-the Vet rep, back the IM0s saying she could not read them. He did not get them into evidence -the whole purpose of him representing me before the DRO.

This was a Bonafide CUE, but I  was enrolled into AMU by then and had Phi Theta Kappa transcript from my other college so I decided to appeal to the BVA, to maintain my all "A" average-at AMU- (Their first civilian) which was  far more important to me then fighting at the RO because by then I knew their DRO was not the only illiterate claims person there. All of this VA documentation ,on how VA treats some of us widows of veterans, will be in my book , "Death by VA".

In many respects my FTCA case was far easier than any claims I had filed with the RO. In those days-1995 - I could not find an IMO doctor at all and about 20 so called lawyers in NY told me I could never succeed in charging the USA with wrongful death.

I settled with the USA in 1997.Wrongful death but no Peace wth Honor in that.

My subequent BVA case however, awarded a direct SC death award. All of my IMos were considered carefully along with all of the other evidence I had.

This was for a disability the VA had never diagnosed or treated-only case like it I have ever found.

Peace with Honor for my husband and for me came with that award.

My IMO/IME fees were easily recovered by the additional benefits I did not get under the Section 1151 DIC award letter which also contained a SMC CUE the VA awarded, after a long and unnessesary battle because my RO was unable or unwilling to read and comprehend the SMC S regulations with an obvious CUE on the 1998 rating sheet.

I feel that I often have to justify my advice here but I shouldnt waste my time doing that.

I am also willing to give links to support my opinions.

But it is obvious that some of those links are never read by others who need them.

Our members and guests can weigh the advice here. 

 

 

 

 

 

 

 

 

Edited January 31, 2022 by Berta
added more.