Over the next couple weeks, we are going to talk a little about private medical opinion letters on the Veterans Law Blog. Here's one situation when you are definitely going to want one.
When 2 VA Doctors Can't Agree on the Cause of Veterans Medical Condition, Get a Private Medical Opinion Letter
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Attorney Matt Hill is one of the Lions of Veterans
Advocacy. His Firm, Hill & Ponton, is active in the
representation of US Veterans before the VA, BVA, and
CAVC.
When 2 VA Doctors Can't Agree...Get a Private Medical Opinion
Letter.
Not every Veteran needs a Private Medical Opinion Letter.
In my experience, a good number of VA claims can be proved
without any opinion letter at all. But in many situations a private
medical opinion letter can be very useful.
This post tells the story of just such a situation - when 2 VA
doctors issue medical opinion letters that reach the exact
opposite conclusion.
I'm going to share a case with you from the BVA - in June 2014,
this Veteran won service connection in a VA sleep apnea claim at
the BVA.
The case was argued by my friend - and fellow Veterans Advocate
Matt Hill. Matt Hill is one of the Lions of Veterans Advocacy. He's not
only active in the representation of Veterans before the BVA and the
Court of Appeals for Veterans Claims, but also active in helping to
teach and train attorneys that represent Veterans.
The Facts of the Sleep Apnea Claim.
The Veteran had been diagnosed with nasal pyramid and nasal septal
deformity.
This caused a partial obstruction of the airway - albeit a moderate
one - and as a result the Veteran had a diagnosis of Obstructive Sleep
Apnea.
In March 2012, the VA put together 2 medical opinion letters. One
medical opinion letter said that the OSA - Obstructive Sleep Apnea -
was related to military service. The other medical opinion letter said
that the OSA was NOT related to military service.
This happens quite frequently - the VAs own doctors cannot agree on whether something is, or is not, related to
military service.
What Did the Veteran Do in this Sleep Apnea Claim?
He went out and got a private medical opinion letter.
This Veteran took his C-File, and the 2 competing VA Medical Opinion Letters, to a pulmonologist, who reviewed the
entire record and used the Magic Words in his VA Medical Opinion Letter.
2. The pulmonologist concluded that the Veteran's OSA was, in fact,
related to his military service....specifically, that it was "at least as
likely as not that the Veteran's obstructive sleep apnea was caused
by the service-connected nasal trauma."
Importantly, the private pulmonologist did what I presume the VA
medical opinion letters failed to do - he cited medical literature
stating that a deviated septum is a risk factor for sleep apnea.
A Private Medical Opinion Letter Can be
Expensive.
This is one of the advantages to hiring a VA Disability Attorney.
In most cases, VA Disability Attorneys will "front" the costs of the
private medical opinion letter, and the Veteran agrees to pay the
attorney back if the Veteran's appeal is successful.
VSOs, by the way, never do this. If you know of a VSO
that advances the cost of a private medical opinion letter for a
Veteran, I want to meet that VSO. In 7 years of representing
Veterans, I've never, ever seen this happen.
But don't run out and hire an attorney for JUST this reason.
First, find out what kind of private medical doctor is qualified to render the opinion that you need.
Then call around and ask a few doctors how much they charge for a record review and a medical opinion letter. You
might be surprised that some of them are fairly affordable.
And unlike VA Compensation and Pension doctors - whose "bread is
buttered" by the same people that are adjudicating your claim - private
medical doctors don't write opinions unless the medical facts support a
particular conclusion.
Private Medical Doctors, in other words, don't make stuff up.
If, after looking for a Private Medical Doctor you decide that you'd like a VA
Disability Attorney to help, make sure that you choose an accredited VA
attorney that is right for YOU and right for YOUR claim.
Maybe it's Matt Hill. Maybe it's Chris Attig. Maybe it's another Veterans
Advocate altogether.
Read my FREE Veterans Law Guidebook "8 Things Veterans Should Know
Before Hiring an Attorney" to help you figure out how to choose the attorney
that is best for YOU and YOUR VA appeal.
Chris Attig, an Accredited Veterans Benefits attorney and Founder of the Attig
Law Firm, PLLC is responsible for the content of the site. The principal office of Attig Law Firm, PLLC, is located in
Dallas, Texas. Chris Attig is NOT Certified by the Texas Board of Legal Specialization. - Please view our website
disclaimer.