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Now, this is not a guarantee to win your claim, but it is generally the way to maximize your chances of success.

If you are filing a claim for the first time, this will also maximize your chances, BTW.

First, if you do not already have a copy of your Service Treatment Records (STR’s) (formerly Service Medical Records, or SMR’s), request a copy of your complete STR’s pursuant to the Freedom of Information Act/Privacy Act (FOIA/PA).

Once you get the records, bring them to your current private physician/specialist for the condition(s) you are claiming.

Ask the doctor to review your STR’s, your history of treatment, and current diagnosis.
Ask the doctor to write a medical opinion on whether or not, based on his/her review of the STR’s, medical history of treatment, and current diagnoses whether it is a) at least as likely as not; b) as likely as not; c) more likely than not, your current diagnosed condition is related to your complaints and treatment (or events) in service…

BECAUSE

And provide a rationale for the medical opinion (why the doctor thinks complaints in service are related).

For example:

Veteran who made many combat jumps in service filed in the late 70’s for various musculo-skeletal conditions. His STR’s reflect a fractured ankle, but are silent regarding knees, back, hips, et al. He was service connected (SC) for the ankle but denied the rest because there were no other complaints. In the 1990’s, he refilled but submitted no additional evidence, was denied because of no new and material evidence, and because there were no knee, back, hip complaints in service. Veteran files to reopen, and as a part of his new and material evidence, provides an opinion by his orthopedist that states roughly:

“This veteran, whose DD 214 reflects an MOS of infantry and parachutist badge, has current bilateral chondromalacia patellae, bilateral hip arthritis, and a chronic low back condition which is at least as likely related to the combat jumps he completed in service, as medical research has documented that the jarring effect of sudden impacts such as experienced by people landing from parachute jumps suffer from stress microfractures that are virtually undetectable even with modern medical equipment, but increase in size and severity over time; this veteran’s current musculo-skeletal conditions bear a similar pattern to that of other former paratroopers and skydivers that I have treated over the last 15 years in my practice as an orthopedist.”

So here, even without treatment shown in service, a favorable medical opinion is provided with a clearly sound medical rationale.
Such an opinion would, in my opinion, at least as likely as not lead to a favorable rating for SC.
 
Posts: 6 | Registered: Sun September 06 2009Reply With QuoteEdit or Delete MessageReport This Post
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You can get a complete copy of your inpatient and outpatient medical records online. You can order them from the Online Records Request. You can also order extra, certified copies of your DD 214 at that site.

The letter you're talking about is called an IME (Independent Medical Exam). Most civilian doctors charge a crap load of money to write them up. Typically, Veterans don't resort to those until they've been denied a claim and are appealing a decision.

Wendi


SSG, US Army Retired
80% service connected disabled
100% SSDI
 
Posts: 3 | Registered: Fri November 13 2009Reply With QuoteEdit or Delete MessageReport This Post
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