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jbasser

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Posts posted by jbasser

  1. That's good you do have one.

    Lets see. If Dr Bash charges 10 K and you pay it, and you win 100K, You are out 10K.

    With an attorney, He charges 33 percent then he adds other costs to your case after you win. 33 percent of 100K is K plus the thousands charged by his IMO doctors.

    It could cost you as much as 50 G or half your retro going this route.

    J

  2. I have dealt with Dr Bash both Professionally and personally. He is a Hadit Member. He is not going to take your money and run, He cant. He is also a disabled vet.

    You will not get another IMO that is as well written with the actual research it takes to write a proper nexus, Not a Rush Job., Personally I prefer an IME where he flys in and examines you. ( That carries more weight).

    Jbasser

  3. Be aware that aggravation of a pre existing condition opens the RO up to all kinds of trickery. You are bound by the laws that state spacifically: Only to the extent of the agravation.

    That means if the rating is at 20 percent for the isue, the VA can subtract and assign a zero percent at their leisure.

    J

  4. That really sucks.

    The best advice is this/ Sell out, Find the following roads and pick a driection.

    I40

    I24

    I65

    I75

    One of these will take you out of Purgatory and land you in a More Tax Friendly State.

    Personally, I would select 75 south to Florida.

    Try Oklahoma. 100 percent P and T vets don't even pay sales tax if you live there. Just watch out for Mother Natures Vacuum cleaner.

    Basser

  5. 30 plus 5 10's equal 58 percent and some pennies. Yes you do qualify for SMC S and you have a cue claim.

    Let the RO know that you meet SMC S criteria.

    I bet they knew this the day they rated you.

    Basser

  6. You can be rated Traumatic Arthritis or IVDS. It appears you are being rated under IVDS where range of motion is no longer used. What is used is the Incapicitating episodes.

    What that actually means is this: A doctor has to prescribe you bedrest for certain periods of time. The more bed rest the higher the rating.

    I would challenge them in your case because you have Ankylosing spondyolitis. that should fall under the parameters of Traumatic Arthritis and deserve a higher rating.

    They will try to low ball you in any way they can.

    Jbasser

  7. That is one of the roadblocks they put up in front of PTSD claims.

    Since there are no actual medical diagnostic tests available, they only thing the VA has to go on is a Guess from a MH doc.

    This opens the door for the VA to play head and mind games with the PTSD folks. They even stacked the deck on their side since you can no longer use an outside opinion unless you are treated by that doctor.

    You could get treatment outside the VA by a Private MH doc and then you can get a static or not opinion. (Static is the keyword for P and T)

    Basser

  8. Unfortunately, we can not call CUE on c and p exams.

    remember, a C and P examiner works for the VA. We call that being a company man.

    What you need is a DBQ filled out by another Doctor, I would recommend a Diabetes specialist that can explain with great medical detail, your husbands actual condition.

    You should read the title 38 cfr to see what constitutes loss of use and use that reg against the VA.

    I would get an IMO to clarify the info but If you have not received a decision letter from the VA as a result of that exam, they I would wait. Sometimes they do get it right at at the Regional Office.

    This is a good case to follow. They will get it right, eventually.

    Basser

  9. DId you read the letter she posted. They are flat out severing IU because they are calling CUE on themselves. This needs to be challenged but we need to know the details about the IU.

    We can advise what to do but we cant do it for the veteran. That is not in the scope of Hadit. SOme folks do step in from time to time and I have done it myself to assist someone but this issue is a very legal one that requires a strong VSO or an attorney. I personally suggested an attorney.

    The VA loves to do this stuff to really scare the veterans, especially with IU as they can threaten to yo-yo the veterans IU status at their will. That is the reason it is so much better to get a schedular P and T award.

    J

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