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Hired Dr. Bash

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My wife was denied Asthma and headaches in 2011. The appeal is currently at BVA and after I had her pull her file from her CVSO, I realized her vet rep was rather incompetent. (Her claim was a real mess and I knew she would lose if something didn't change fast).

My first step was meeting with John Dorle. We bought her paperwork and met at a caribou coffee in Elk River MN, 4 weeks ago.

He proceeded to go over all her paperwork and give us his opinion. He informed us that we would lose and are representation we currently had was inadequate to say the least. He also advised us if we hired him, we should hire Dr. Craig Bash as well.

I was very impressed with John. He seemed very knowledgeable and friendly. He came up with a plan that seemed to make sense rather quickly, so we took his advice and hired Dr. Bash.

We then met with Dr. Bash accompanied by John. He looked over my wife's file and felt confident that he could help us. We hired him that day and wrote a check. He also provided IMO's for new secondary conditions and said he would attend any conference we might have with BVA.

He then contacted us later in the week and asked us for more money because he felt that her case was stronger than he first anticipated. I thought it strange that he would renegotiate an already negotiated price but we agreed.

We paid a lot of money, and I am wondering if any of you have had a bad experience with Dr. Bash in a claim. (If you lose, does he just ride off in the sunset? Does he really live up to his name, ect ect)? I understand that no claim is a guarantee and the VA has a rather large bag of tricks to screw Veterans out of entitlements but I hope these guys will fight for us.

Thanks,

Edited by Philgrenier
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Gastone

To be fair to John, he had mentioned that Bash charges based on strength of case and retro. I asked him why the change in price and his reply was basically Dr. Bash discovered a major CUE in her claim and had discovered proof of asthma symptomology in service that was overlooked by the VA and himself initially. We thought originally that her claim would be based on lay statements and the fact she was officially diagnosed only 3 years after discharge. I'm just trying to make a smart play.

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why you need disability if you can pay 10 g for an opion just asking

what a person has built financially already has nothing to do with disability. if a person were a millionaire and disabled because of a service connected incident, THEY STILL EARNED IT AND STILL DESERVE IT JUST AS MUCH AS THE NEXT GUY who may or may not have a pot to piss in or a window to throw it out of.

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Gastone

To be fair to John, he had mentioned that Bash charges based on strength of case and retro. I asked him why the change in price and his reply was basically Dr. Bash discovered a major CUE in her claim and had discovered proof of asthma symptomology in service that was overlooked by the VA and himself initially. We thought originally that her claim would be based on lay statements and the fact she was officially diagnosed only 3 years after discharge. I'm just trying to make a smart play.

there was a CAVC claim that was awarded just on the above scenario that basically says.. " symptoms, not treatment are the true essence of a disability.

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  • HadIt.com Elder

I would never ask or offer to pay my VA PCP for IMO,

That is plum Ridiculous!

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you would pay someone who you never seen before right?? for an IMO

Offer your Doctor 3 grand to do an IMO for you see what he say

then offer him 10 grand see what he say. He been treating you ten years

do you not think his opinion has more weight more than someone you never seen

before. Don't believe everything you read its written by humans.

That is plum Ridiculous! nor they call this common sense. lol

Edited by RUREADY
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The $8k was the total for Dr Bash, right? You didn't have to front any $$ to your attorney, his pay is 20% of Retro plus costs? I've never paid any attention to 38CFR4 regarding Asthma or Headaches ratings. I have to assume that her symptoms have worsened over the years and a Staged Rating will be used if the claim is granted. Has your "New" attorney and Dr Bash addressed the eventual Rating SC% and the staged Retro $$ amount? In your Lay opinion per 38 CFR 4, has she been 100% disabled for the past ?? years. If X years of Retro = $100k, attorney (20-30%?) = min -$20K, your at $80K Less $8k front to Dr Bash = close to 30% of retro. Numbers are probably off but I think that's pretty stiff cost so close to your actual hearing and there is still the possibility of Remand. Just me but at this point I might have waited for the possible Denial and then Hired the Lawyer for CAVC appeal. i think your lawyers can get legal fees from the VA at that point if you prevail, much larger incentive for them. Not sure but large Law firm might even front the IMO cost and recoup it out of retro. Again it comes down to how strong they think the case is. As it stands now, your attorney is looking at a relatively nice payday for a very short period of time and limited effort on his part. $20K = about 67 billable hours @ $300 per.

With all of the above opinions, mine included, in the end they are only "LAY Opinions." Only YOU are responsible for and only YOU can determine if YOUR decisions are good or bad.

Semper Fi

Gastone

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