FED. CIRCUS–RIZZO v. SHINSEKI (2009)–CHECK THE DOCTOR STAT


download

From member Eric, I am reminded that this is a seminal decision that any Vet who aspires to run with the VA Bulls should read. It’s message is simple. Who is the doctor telling the BVA Veterans Law Judge that your Hepatitis C is not in the least way related to your service to America?  VA has the ugly habit of pawning off an ARNP, newly minted and still wet behind the ears as a leading specialist on hepatology From the the Bremerton, Washington CBOC when in reality, she has a smattering of knowledge about dermatology and plastic surgery. This may be your much – vaunted IMO the BVA will rely on.

Mr. David J. Rizzo aspires to overturn the CAVC’s affirmation of a BVA decision. The Feds ain’t buying. Mr. Rizzo suggests that the BVA was less than forthcoming when they introduced a VA bigwig as a “noted specialist”. All well and fine but the timing of the examination of the official’s bona fides must occur when the trial is in progress, not afterwards. Mr. Rizzo disputes this and says the VA is obliged to divulge his qualifications at the outset. Rubbish. That would destroy one a VA’s finest ruses.  Those of us with attorneys are  just getting used to having to automatically check to see if a proctologist is masquerading as a TBI trauma specialist. I thought it might be a good idea to pass this along to the pro se/DIY crowd.

VA doesn’t think this internet thing is so hot any more. Vets are starting to publish their  playbook. Eric calls this “Rizzoing” using it as a verb like “Mirandize” e.g. “Did you Rizzo the  IMO Doctor?” I find that to be a smart identifier. We have Fenderson Ratings and Caluza Triangles. We have Shedden principles and Hickson elements. Why not a Rizzo procedure?

Anyone who offers an opinion that denies you must be Rizzo’d  promptly. Allowing it to stand grants it standing. Eventually it becomes a finding. VA is a past master at providing 30 pieces of silver to some lucky doctor or PA in their employ. You rarely see a bad IMO that reaches when a truly independent one is sought.

Unknown's avatar

About asknod

VA claims blogger
This entry was posted in CAVC Knowledge, CAVC ruling and tagged , , , , , , , , , , . Bookmark the permalink.

4 Responses to FED. CIRCUS–RIZZO v. SHINSEKI (2009)–CHECK THE DOCTOR STAT

  1. mike johnson's avatar mike johnson says:

    We are sorta lucky that VA Hospitals list their Drs and their speciality. Civilian Drs I have more of a problem with. TheVa lawyers are usually the civilian lawyers who kicked their butz a lot.If you can’t beat them HIRE them.Mikey

  2. biggest loser of 2011's avatar biggest loser of 2011 says:

    The doctor that provides that information is a VA primary care doctor or anyone else they can buy off. Best thing to do is get a private doctor to rebute whatever the VA examining doctor says.

  3. Kyle Workman's avatar Kyle Workman says:

    How absolutely on point this is. In the past my question was about the VA lawyers. Where do they get these guys?

Leave a reply to biggest loser of 2011 Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.