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1151hearing Comming Up


JohnM.

Question

Have been fighting the VA for 10 years now and now have a hearing comming up next monh with a judge. can anyone tell me what to expect and how i should prepare for this? I have a DAVSO thats is suppose to be helping me, at leas i hope so, have never meant him. I really need some advice please. thank you and hope all have a GREAT weekend. God Bless. JohnM

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What was Dr Bash's opinion as to the wires they left in?

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What was Dr Bash's opinion as to the wires they left in?

Hi Berta: sorry for being so long in replying to you almost a year now. Dr. Bash says " this is not normal for guide wires to be left inside someone, that the 2 pieces of wire have broken into with 4 pieces now. that the VA doctors did not use good judgement , sorry i cant remember all. Now that i had my hearing the judge has requested my files from 1999 to the present, noting that some of the files are missing. This now makes me wonder what will happen now, if these files have disappeared somehow. Also he had another VA dr go over my file and this dr said almost the same as the previous 2 VA doctors. I asked the judege to find this doctors report mute as he did not go thru my file in a complete and though manner as he would have seen that the VA noted the wires had broken into, as did the two previous VA doctors did the same they did not do a complete review of my file. Am using the DAV office in Phx but it is so hard to get thru to my rep. When i call all they do is take a mesage and maybe a week later might get a return call. Thank you for any assistance. Sincerely, John A. Morris

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I do not believe they can reject the IMO solely by saying Dr. Bash didn't examine you.

If Dr Bash had ample evidence of the wires , (the med recs seem to fully reveal them and I am sure the VA did X rays etc)

their logical alludes me.

Dr. Bash did 2 IMOs for me but could not examine my husband because he was dead.

He has prepared vcalid IMOs for probably thousand of vets by now, and has not ecamined personally all those veterans.

I will try to find some VA case law that might overcome what the VA said but ope that first- you could either scan the SOC as to their reasons and bases and attach it here (cover personal stuff) or give us here the exact wording of the denial.

Carlie asked some important questions:

"What specific additional disability, did you incur due to malpractice ?

What is the medical evidence you currently have showing additional disability

and that it is specifically due to malpractice ?

Also, your profile shows no service connected disability, is this correct ?

When did you serve - when discharged ?

Have you just filed an 1151 claim with VBA or have you also filed

a Federal Tort Claim ?"

Even if the VA finds malpractice occured-there must be a ratable disability directly due to -or as consequence of-the malpractice.

"Also he had another VA dr go over my file and this dr said almost the same as the previous 2 VA doctors. I asked the judege to find this doctors report mute as he did not go thru my file in a complete "

Do you mean that the VA did a Peer Review report here?

VA had a Peer Review report done for the regional counsel here in NY 4-5 mo0nths after I filed 1151/FTCA.

It totally agreed with my malpractice charges and the VA lawyer called me up to begin negotiations for settlement.

Then this critical report and some critical medical evidence disappeared from my C file.

I found the report 8 years later and is with VA now for my AO claim.

So was this a Peer Review report or was this a report done simply for a SOC to deny the claim with?

One more question- is this claim on remand from the BVA?

If so can you give us the docket and citation number?

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I found what I believe is your BVA case;

http://www.va.gov/vetapp05/files4/0526146.txt

Althopugh the BVA questioned Dr Bash's opinion as due to no physical examination- the BVA decision also shows you were denied your VCAA rights and needed to be given a new VA exam.

But the opinion questioned basically what Carlie asked-

what ratable disability have you incurred as result of this possible negligence?

I know you feel you have additional problems and pain due to this but the disability has to be a documented and ratable one.

Have you obtained copies of the C & P exam that the remand produced?

Can you scan the C & P results and post it here? (Cover personal Info)

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I do not believe they can reject the IMO solely by saying Dr. Bash didn't examine you.

If Dr Bash had ample evidence of the wires , (the med recs seem to fully reveal them and I am sure the VA did X rays etc)

their logical alludes me.

Dr. Bash did 2 IMOs for me but could not examine my husband because he was dead.

He has prepared vcalid IMOs for probably thousand of vets by now, and has not ecamined personally all those veterans.

I will try to find some VA case law that might overcome what the VA said but ope that first- you could either scan the SOC as to their reasons and bases and attach it here (cover personal stuff) or give us here the exact wording of the denial.

Carlie asked some important questions:

"What specific additional disability, did you incur due to malpractice ?

What is the medical evidence you currently have showing additional disability

and that it is specifically due to malpractice ?

Also, your profile shows no service connected disability, is this correct ?

When did you serve - when discharged ?

Have you just filed an 1151 claim with VBA or have you also filed

a Federal Tort Claim ?"

Even if the VA finds malpractice occured-there must be a ratable disability directly due to -or as consequence of-the malpractice.

"Also he had another VA dr go over my file and this dr said almost the same as the previous 2 VA doctors. I asked the judege to find this doctors report mute as he did not go thru my file in a complete "

Do you mean that the VA did a Peer Review report here?

VA had a Peer Review report done for the regional counsel here in NY 4-5 mo0nths after I filed 1151/FTCA.

It totally agreed with my malpractice charges and the VA lawyer called me up to begin negotiations for settlement.

Then this critical report and some critical medical evidence disappeared from my C file.

I found the report 8 years later and is with VA now for my AO claim.

So was this a Peer Review report or was this a report done simply for a SOC to deny the claim with?

One more question- is this claim on remand from the BVA?

If so can you give us the docket and citation number?

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