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Nexus Letter

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Panther8151

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No none of them but I have successfully used a 30 year experienced heart surgeon in Tucson for two BVA granted appeals.  He is well known for many years to the BVA and VARO and his IMO nexus opinions accepted majority of time by BVA.  He is also a very experienced veterans attorney that practices law and cases as attorney before the U.S. CAVC veterans court, Federal Appeals Circuit in D.C. and of course the  BVA.  I did not use him as an attorney as there was no need.  

His one time fee for two nexus opinions successful appeals on different medical issues was very reasonable.

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Before "jumping on" an IMO, first read your file to see if there is already enough favorable evidence.  

If you have been denied, at the BVA, you may need it.  But not necessarily.  What were the reasons for denial.  

While its true an IMO may be necessary, it isnt always.  Its like asking someone if they want a drink of water, they may or may not be thirsty.  

 

Sometimes its actually much better to introduce that IMO "late" in the appeals process.  

Example:  

    You apply for benefits, and are denied.  You appeal to the BVA, and the Board upholds the denial.  

You get an attorney to represent you at the CAVC.  The attorney "wins" a remand to the BVA, and, as usual, the EAJA pays your attorney fees.    You attorney advises you that a IMO will help.  Now is a great time to introduce that IMO.  

 

     You can put the IMO in earlier, but, the timing is important.  Its like hunting a deer, you have to shoot in the right place AT THE RIGHT TIMe.  

    This said, an IMO may prevent denials, but, it kinda precludes doing that as I explained, above, unless the IMO is not accepted, refuted by the Board, or otherwise inadequate.  

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I'd be leery of these outfits for sure.  Don't get me wrong, I've got a few IME's from outfits that specialize in it.  I used my due diligence prior to having them done.  Ellis clinic is one of them.  But they require an in person examination.  One C&P examiner actually asked if I saw the Dr. in person.  Why yes I did.  Shut down that angle for denial real quick.

Some outfits have canned DBQ and Nexus and enter your name at the top.  Probably not going to cut it.  They've seen these before.  Waste of money.

 

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