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you don't need a private doctor imo to win a appeal or a claim

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Mr cue

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It is really get to me that the only advice I see give is a veteran need a private imo.

To win there claim or appeal.

When did hadit stop stating law cfr VA manual to help veterans.

If you file a claim nine time out of ten the VA is going to order exams with it without a imo.

I just don't see how this is helping.

My opinion is that it is discourage veterans.

We all understand that it hard to get your VA doctor to do a report and most don't have 1000s to pay for One.

An 9 time out of ten the VA is going to not even address the private imo away.

They have want to address your record

So give this advice to me is sending veterans down a rabbit hole.

This is my opinion.

Other believe this is the only way.

I have Never had a private imo done or use in any of my grant's

The VA half the time doesn't even want to address there own comp exam.

If there favorable.

 

 

 

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  • Founder

It’s not a hadit thing it’s what the membership is saying , but I agree with you I never needed an IMO for any of my decisions and most of the vets I know didn’t either.

in past years on occasion an IMO might be suggested but it wasn’t common. 
 

Knowledge Is Power! That means digging in on the law, the manuals, court decisions and so forth.

 

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  • Content Curator/HadIt.com Elder

I agree with @Tbird. The Intent to file process is a strong way to protect an effective date for new/supplemental claims. For increases, you just need medical evidence. I used non-VA medical nexus/IMOs a couple of times.

Trust the VA to get it right is an option, but I personally found they tend to get things wrong often.

You can can also go in armed with knowledge and evidence if you choose. I did this many times and spoon-fed the VA exactly what they needed. All they had to to was confirm and verify, but quite often they didn't even do that right. That explains why two-thirds or more cases are overturned or remained by the BVA. 

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I'd say on about 90% of my claims that were granted did not need an IMO from a private doctor and these were a combination of claims that were granted on the first try and some on appeals. 

I did a few claims that I never would have won without a nexus letter from my doctor. These claims were initially denied and went through the appeals process all the way to BVA and remanded. I kept running into the same NP examiner at the VAMC who denied me and doubled and tripled down on her incorrect opinions. The only way I was finally able to get my claims away from this examiner was to file a supplemental claim with a nexus letter from my doctor. Once I did they, exams were order with a contractor instead of the NP at the VAMC who kept denying. All claims were finally granted. Some of those claims went back 10 years. 

If you records are strong and you meet all of the Caluza elements then you shouldn't need an IMO from a private doctor. 

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  Out of all my successful claims and appeals since at least 1998 representing myself before VARO, CAVC, and BVA there is only one time I payed for a private doctors medical opinion to support my claim/appeal in a recent winning grant from the BVA for OSA Sleep Apnea. The other times I won my claims or appeals based on the medical records and other evidence I submitted on my own.

I am glad I did because the VARO denied all my extensive favorable medical and other evidence to deny my OSA claim with the stupid "NO EVIDENCE" statement and no real explanation for their decision.  They made the same statement in recently denying my IHD Heart Disease increase claim that I also appealed to the BVA and received a remand so this appeal is still pending.  The BVA OSA grant also resulted in my automatically receiving SMC-S and 5 years back pay.

Dr. David Anaise only charged me $1500.00 dollars for issuing me TWO SEPARATE medical opinions on the above claims/appeals.  That is a good deal to me in this present day and age and NO he did not charge me thousands of dollars.

There comes a time when even experienced old hands like me may need a PAYED LAWYER OR DOCTOR to assist them against a stubborn deny til you die VARO.  A former VA nurse and now LHI C&P examiner confirmed this to me recently that to save VA money the VAROs practice deny til you die doctrine against vets all the time.  I of course knew this all along for past 35 - 40 years.  With just a little bit of research and after talking to other doctors I decided on Anaise as I was not about to pay "THOUSANDS" of dollars to any other doctor.  That would have been really stupid of me.  

I have been P&T TDIU since 1998 thanks to my own abilities and no one else.  DAVID against GOLAITH. Can you hear me now.

Others carry on about another doctor asking $10,000.00 for an opinion but when I talked to him on the phone he also quoted me a much lower price than $10,000.00.  I have never had to wait more than 2 to 4 years for a favorable cliam or appeal.  I also like to brag about my own successes. I suspect some vets are j

 

Edited by Dustoff 11
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  • HadIt.com Elder

I would say that if you have a mental health claim getting a friendly shrink to write you a letter is going to go a long way.  I went from 30% to 70% TDIU thanks to an IMO.  The VA was just determined not to grant a decent rating or TDIU even though I was on SSDI for the same thing.  I was in treatment for years with private doctors so that helped as well.  Now recently I got some major claims done without an IMO, but these were all Agent Orange related.  I have used VA records for years now and VA has a hard time denying their own treatment records.  I got IMO's and never paid a dime.  My insurance paid.
 

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Yes you are one smart cookie and this issue of paid medical opinions is a poor dead horse that has been discussed to death on the forum.  I do not understand the animosity against paid for medical opinions at another location social media.  I suspect it is due to jealously. As I recall all veterans like me are legal adults from time we entered active service and later as veterans so we should know better than to be ripped off by anyone.  Trust but verify and RESEARCH has worked for me for many many years now. 

Representing myself since 1998 has been free of charge to me as I paid no one else except one time and did not charge myself for the other claims and appeals. See you at the rodeo. Burp

 

Edited by Dustoff 11
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