Post At Allvets

[marielovesashley]

Yes, Allan

Berta recommanded me this guy.

I was hunting a Attorney willing to be paid contingency basis in the civil but I am beginning to wonder if I should go with all the gov't stuff first because somebody told me this yesterday:

"You can file Your own 42 USC 1983 action for wrongful death, medical malpractice any whatever You know. You could file a fraud complaint with the GOA-General Accounting Office, try Your local senator-A gov't piece of shit & or go to the city/county district attorney or the US Attorney & ask for murder charges be filed, criminal negligence resulting in death, manslaughter.

You'd want to do this part 1st & whatever material discovered is used in Your civil rights suit"

What do you think?

I am adding this - this is not posted to ALLVETS:

By the way, I just avoided the street by the skin of the teeth not of my fault and as you know I'll get 610 $ per month. With all the crap I lived because Immigration was not supposed to separate us at the borders because I was married to Ashley - so we lost 19 precious months - and as soon as I entered in the U.S. I was separated definitively from him because he died 5 1/2 months after and all the crap I lived in the damn VA Hospital so I am totally exhausted, always out of breath. (so I can not go to work) I just avoided the street by very few but it is just postponed because of the 610 per month but maybe there is something I can do....

I heard there is Federal foundings other than food stamps and Social Security Assistance even a Legal Immigrant like me would be eligible. Do you know about that? SURELY TOO GOOD TO BE TRUE. If that would exist that would not only help me, that would help thousands of widows because 610 $ when you don't have a family to count on is just good to send you on the street.

Marie

--- In ALLVETSINC@yahoogroups.com, "Allan" <ba2499@...> wrote:

>

> Hello Marie,

> I would go with someone that is experienced with 1151 claims.

> Give this guy a try. He's one of the best.

> Allan

>

>

> Veterans Medical Advisor

> 1151 claims for VA Hospital mal-practice

> http://www.veteransmedadvisor.com/?gclid=C...CFSQzSgodSmKTPw

[Berta]

Yes- The initial IMO was $2,000. Nov 2004 ( VA has not acknowledged it yet-but I am at rating board and filed complaint with the VBA so I think they will read it now)

Dr. BAsh also incorporated into it- a very brief current free statement I got by tracking down a former VA doctor-it supported his IMO.He called the other doc- I only had this docs email opinion-attached the other docs opinion with his Neuro letterhead -to his IMO- with a 10 page Curriculum Vitae.

I then received a SSOC after my rep said he presented the initial IMO to the DRO-

that never happened-

Based on the SSOC -the DRO said I had presented no evidence at all-

and the VA got a "expert" opinion.(against established VA case law and regs)

I need to add I had already presented considerable med evidence and the Bash opinion only took a few days- he had everything he needed and my medical input on it all. My evidence was tabbed so that he could quickly refer to the specifics in the whole pile- there was a lot there- and he also had past SSOCs and my FTCA VACO report etc-

I had considerable medical treatises from excellent sources to back up my statements to the VA and included all that too-

I knew exactly what type of brain trauma and cardiological problems Rod had and had associated it all with medical treatises and texts to DMII.and I knew the med recs in and out.

I focused on Rod's ECHO and MRI as I knew Dr Bash-as a neuro-radiologist-would have the specific expertise to opine on this claim based on the MRIs of brain-etc.

When I pointed out to VARO that they still had failed to consider my IMOs and other evidence-

the POA would not support this legal error as well as another one they made at the RO-

I was transferred to the BVA and got a remand in weeks- based on legal errors I told the BVA about-

I also had gotten another Bash IMO- he now had the VA expert opinion to knock down- and he did that in spades-$ 2,000 additional for that-

The BVA assured me of expeditious treatment-August 2006-

My claims (there are additional ones-all have been in rating board since then-I DO consider this to be expeditious treatment as this is the first time my evidence is actually being read.-I think)

I also called Medopinions if I need another opinion- this would be regarding an entirely different aspect of Rods undiagnosed DMII from AO.

They quoted $2100 or $2200 but then asked me what I had-

I had the IMos from Dr. BAsh and proof from the med recs of what this additional opinion would rest on.I had VA's DMII training letter that also supported this unusual aspect of DMII evident in Rod in 1988 Audio report. Not a hearing problem at all- the audiologist knew the doctors referral was wrong.I wanted a pathologist's opinion for this additional IMO.

It involved so few med recs with such bonafide evidence-that they reduced this fee to $1750.

My point here is- Dr. BAsh often charges more than what he charged me- He did not need SMRs in my case and I had already set the medical evidence up well in my submissions to the RO-

(They ignored it all)

I had tabbed the med recs in the stack that were supportive of the issue Dr. Bash was opining on and explained the circumstances of my FTCA claim and settlement.

I sent him the responses I made to the VA denials and the argument and medical evidence I used for that.

Since VA failed to diagnose CVAs and CAD properly-by their own admission- it was MOST likely that the veteran's DMII -evident in 1988 med recs-was never diagnosed properly too.I proved that .

I sent a cover letter briefly outlining all of this.

I have no idea what Dr. Bash charges in each specific case.

Many claims take considerable more time then mine did-

as a matter of fact- he opined positively by email to me- even before he saw the evidence-

telling me- if I send what I said I had , it sure "looks good."

IMO fees depend on many factors.

I dont care how much it costs me to get my husband Peace with Honor.

But I know this all has to be viewed by claimants as an investment that- if the IMO supports the claim-can be recovered in a few comp checks that-without the IMO they might never get.

[Pete53]

I know a Vet who used Dr Bash and was charged $ 2,000. He was living on 1000 a month Social Security and his claim was very complicated with a back injury, arm problems and depression. Due to his circumstances Dr Bash allowed him to make payments at 100 a month. He got the Opinion and only made 4 payments and was awarded 60%. After going to BVA and AMC and back to his worthless VARO he was awarded 100%.

So if you have a claim and don't have any money ask Dr Bash if he will allow payments.

I have heard many good things about Dr Bash. I have seen two of his opinions and they are very powerful, detailed and in my opinion boiler plated to stop VA nonsense.You might go to BVA and do a search on Bash or Craig Bash.

I personally think a good outside medical opinion is maybe the most important thing a difficult claim can do. I am of the opinion that if Dr Bash does not think you can win he will tell you.

Good Luck

[john999]

I got a good IMO from an ex-VA doctor and it completely turned my claim around and resulted in the VA accepting every diagnosed condition I had. It lead directly to TDIU P&T. These medical opinions can be worth their weight in gold.

[marielovesashley]

Between the Immigrant not having the cooperation of Immigration and thanks to the Congressman John M. McHugh for his help because my situation would be far worse than that (I just sent another letter about Immigration today)

the widow getting her 610 $ like every widows is back now

(searching a cheap apartment because I can not work)

- with no phone and on bike at 41 years old.

I read what you said and yes, I do the difference between the Va hospital and the Private hospital, no problem.

Here's my email to her:

Date: Fri, 15 Jun 2007 15:51:57 -0400 (EDT) From:"Marie Buchanan" <marielovesashley@yahoo.ca> Subject: Preliminary question To:sfriery@kreindler.com To Susan Friery, M.D.:

Associate

Kreindler & Kreindler LLP

That is interesting: you volunteered at Presbyterian hospitals. My husband's family were Presbyterians and he was baptist - they were from Scotland. A veteran forum leader recommended you and I saw you are located in the same state than me, which is a must the hospitals involved are in the New York State.

I have a preliminary question for you Susan: are you accepting to deal on contingency basis? (because I can not do otherwise)

Thank you.

Marie

Marie M. Buchanan, M.Ps.

==============================

I did not receive a mailer demon and not a reply yet.

I'll send her right after this post another email - the same and see. Maybe she does not take contingency basis?

Otherwise, I'd have to call her I guess because it is what Petty Officer 3rd Class

advised me to do.....

Thank you very much. I'll keep you posted because you are doing a great job and in a distressing situation like I am in, it is helpful to have such efficient guys.

Marie

Edited June 27, 2007 by marielovesashley

[marielovesashley]

Immigration did not apply their own law about a married couple - the proof is right here:

http://www.uscis.gov/files/form/I-130.pdf

so they separated us for 19 months (that is very long and that was just right after our honeymoon) and as soon as I Immigrated in the U.S. I was about to live the definitive separation.

All we had together is 5 1/2 months and if Congressman McHugh would not be involved, we would not see each other before his death and I would be thrown like a garbage bag in Canada on December 11th, one day before his funerals.

SO WE LOST 19 PRECIOUS MONTHS ON 24 1/2.

ON THE ALTAR OF THE POWER TRIP OF THE GUYS AT THE BORDERS WE DEALT WITH

ON NOV. 3RD, 2004.

ALL WE HAD IS 5 1/2 MONTHS TOGETHER. IF I WOULD BE WITH HIM FOR 24 1/2 MONTHS TO TAKE CARE OF HIM, HE MAY NOT BE DEAD TODAY !!

The reason why I am telling you this guys is just.......I know....I know.......this is VA here, I know. It is just and only that I want you to know guys I have more stress than the average U.S. Citizen widow to deal with, that's all and it is said.

And now, I have a very high stress level........my brother-in-law is actually dying.........liver problems too make the things worse.....my hubby had liver problems also.......my husband's doctor did not even offer the dialysis which would save his life and now my brother-in-law's doctor waited at the last minute to put Merk on the top of the waiting list for a liver......

.....just 6 1/2 months ago, My Angel died.......so this is coming out, sorry but I NEED IT. And by the way, they are letting the poor to die slowly but surely instead of giving them REAL services. Thank you.

Edited June 27, 2007 by marielovesashley

[Pete53]

Marie:

Please do not link Hadit to other groups. Feel free to give your opinion and links to articles, books, video just please no Groups. When you started this thread I thought that I should stop it but here we are now.

Just so you know going back and forth between members of different groups lead to flame wars and we don't really want that to happen.