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Posts posted by jbasser
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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
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I dont think they can touch his benefts
Only the wifes.
J
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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
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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
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Remember. Keep political stabs out of this topic.
J
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If you are on SSDI and you fill out a report for her, expect to see your review letter in a few days as they retaliate against you for doing it.
It happened to me.
J
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Tennesee does have limited recall provisions. Check the recall items out and see if the idiots who dreamed up this bull can be tossed out.
J
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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
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Send in a reconsideration request and quote 3.156C. They will still give you a hard time but you will win.
J
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Carpal tunnel.
Get a second opinion if it is for a cervical spine claim..
Basser
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Buck, they are not closing the program, Just the fact that the 1 year retro issue is being cut from the program. Don't worry though as current law,3.400 is in charge and they will have to follow the rules.This is effective August 5. 2015
J
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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
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Your award letter is wrong or your IU is wrong.
It should have said that your rating is 80 percent but they are paying you at the 100 percent rate.
The Permanent and total status is for real. No future exams is the key.
JBasser
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Hi Tbird, I may help with organization but it is a busy travel time for Michael.
Lets do a poll and put some prospective places on there and let the membership decide where at first then we can get a more accurate account of the attendees.
J
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Do you have a current address in NC?
You can use that address to file your claim even though you are still AD.
You have to have someone get your mail for you. IF you have a C and P exam, you may have to drive north. I dont believe it will be a problem as is is almost June and it will take time to process.
J
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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
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Bob McDonald is the VA secretary and Allison Hickey is an under secretary under Bob.
J
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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
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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
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That is good for you.
100 percent trumps iu.
J
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98.495064064% PER VA MATH.
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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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At 10 percent you are in Priority group 3 and you have a comprehensive healthcare plan within the walls of the VAMC with co pays for certain services and medications.
This satisfies the requirements for the Affordable Helathcare act.
J
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Buck, they will not do that. If they award schedular, then they would say the IU was moot.
J
Question Regarding Dr Bash
in VA Disability Claims Research
Posted
There are many different roads to success. Lets hope we all decide the correct ones to take. The quality of representation is the big Key.
Good evidence and representation as well as a proven nexus will win a claim.
JBasser