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New And Material Evidence

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Steppenwolf

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This "new and material evidence" thing has been a thorn in my side and my case since the begining. For years this rule has invalidated almost every piece of evidence that i have submited.

If my rep couldn't help me through this horrible rule then why did it take a federal judge to see that my whole case was mishandled and remanded back to ?. i don't even know who it was remanded back to. My current DAV rep keeps telling me to "do nothing". i think this is also horrible advice and up until now i have had no "advocates" to tell me if his advise is as bad as all of the rest of the advice i've gotten from reps over the years.

i wanted to get an IMO from doctor BASH and my rep told me: "Your case is strong enough as is why pay this guy $3000.00 for something that may not help your case"

i have been given some of the most horrible advice over the years and i got the feeling that the fed judge that i appeared before June of 06 saw that but instead of ruling for a % of disability she just sent it back to the idiots who screwed up in the first place.

Now i've been told that i'm stuck with the DAV and can not change service officers.

What's true?

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Hello Steppenwolf,

i've been down the same road.

If you can afford it, Dr Bash will provide a complete and therough evaluation of your records. Thats something I couldn't get anyone else to do.

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Hey Allan,

            Dr Bash took a lot of time to ask me questions over the phone. He convienced me but it was my SO who told me it was a waste of money. Maybe if i didn't listen to the SO and got the IME the judge would have ruled differently and i wouldn't be back in the loop with no money coming in.

Thanks for your reply.

Stepp

Hello Steppenwolf,

i've been down the same road.

If you can afford it, Dr Bash will provide a complete and therough evaluation of your records. Thats something I couldn't get anyone else to do.

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The director of my state POA- in documentation on state letterhead-not only rejected my initial IMO from Dr. BAsh-

(he is not a doctor nor does he moonlight as a claims adjudicator as far as I know for the VA) and then in more documentation-

(I love it all) he said I could potentially expect the same treatment with my additional IMO from Dr. Bash- total costs of these IMOs-$4000.

from Nov 2004 to Dec 2006 these IMOs kept disappearing from my c file and the VA has never rejected them nor even acknowledged them-

The MF I dealt with in the 1990s (mysterious force who removes probative evidence from c files) in my opinion is not funded by the VA -as I thought but by my state POA- :angry:

I sent the director of this state affairs division for veterans- a letter from the Deputy Secretary of the VA telling him who Dr. Bash was-none of my reps had a clue.

How can a non medical SO have any idea whatsoever of whether an IMO will help you or not?

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PS forgot to add- an IMO when submitted to VA and they have never seen it before- is New and Material Evidence.

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if you feel your SO's are holding you back, then dump them and do it yourself....

I got 100% + A&A for PTSD without their help; it's not impossible.

I agree dump the So, just write the VA and cc the So's organization that you are withdrawing your POA immediatley, then your So is no more..................................

My so did nothing more than turn in paperwork and get it date stamped that I completed and collected.

I won my case my self

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