New And Material Evidence

[Steppenwolf]

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?

[betrayed]

Steppen,

You posted,

"Since it was held in a VA hospital it probably was a Veterans Law judge."

I don't think any hearings are ever held in a VA hospital, it was more likely than not, a regional office.

It is possible that it was a VAMC, off the top of my head the regs say that a place will be provided for a hearing, if the VAMC had video conferencing capabilities and for some reason the VARO did not or theirs was broken I can see it happening. I have met with my Voc rehab counselor in the VAMC when she works in the VARO. I think most of us realize with the VA anything is possible, like someone says on here, THINK OUTSIDE THE BOX

[Steppenwolf]

Your IMO's disappeared? i thought that kinda crap only happened to me. Sorry to hear that Berta

So to be clear, Dr Bash is not a doctor or the director of the POA is not a doctor?

And how many IMO's did you have from Dr Bash? And why would you have/need more than one? Do you need one for each disorder?

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

He just sticks out his chest and in one of those egotistical tones of voice that i've heard from many SO's: "I know everything about VA claims" kinda voice says: "You can do what you want but IMO it's a waste of money and may even counter the words of your original letters from your private doctor" BTW Bash asked for copies of all letters from all doctors.

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-

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?

Edited June 29, 2007 by Steppenwolf

[Steppenwolf]

VA med center Newington/Rocky Hill CT

Steppen,

"It was held at the VA hospital."

What VA hospital did you have a hearing held at ? ? ? ? ?

carlie

[Berta]

Dr. Bash and a full run down of him and many links to some of his BVA claims that he wrote IMOs for are all at:

http://www.veteransmedadvisor.com/

He is a Neuroradiologist.

He prepared an IMO for me in Nov 2004 incorporating the brief IMO I got (a freeby) from a former VA doctor who treated Rod- the only VA doctor who was on to the actual diagnosis.

Since I had already proven wrongful death without any IMO in 1997 -I felt my other medical assessment with the newer claim-with considerable documented evidence-would be found as probative and credible by VA.

None of this was considered-claim filed in Jan 2003-

Then I raised hell over a sameo sameo DRO review- a socalled de Novo review that was a cut and paste job of the decision supposedly reviewed.

I asked the RO to CUE this- they scrambed and I got a "conference" between the DRO and my vet rep.

My vet rep claimed the IMos were in the c file and that he also presented them to the DRO.

I told him to clearly highlight the prior award in which the VA admitted to multiple malpractice so it was more than likely they buggered the vet on diabetes- never diagnosing nor treating and this was ultimately caused the heart disease, strokes, and death that VA already admitted they caused.

Dr Bash's Nov 2004 IMO fully concurred with my assessment as to undiagnosed and untreated diabetes from AO.He used the entire clinical record, ECHos, MRI etc to support his opinion.

This would render a Direct death due to service award- Peace with Honor-

The rep told me he thought he would walk out of that conference with an award-

My evidence was overwhelming.

Then he called me (I never answer their calls anymore-I only want hard copy)

and said that the DRO "could not read" the IMO.

She could not read the IMO- I said well what is she doing there-as a DRO?

(I was her first claim)

He said he didnt know what to do so he suggested an IMO from a VA doctor-

(the regs have been broken at this point)

so she said she would get a VA IMO-

I said what about MY IMO -I want that fully considered by the VA doctor and he assured me it would be (established VA case law says it would be)

it never happened.

Based on the documentation I have and my POA has none of of all so mine is all from the VA-

He went in-my rep- had no IMO-(I think he lost it already- there was no IMO copy in the file-the DRO never saw it at all-and the VA expert had no IMO from me and denied the claim based on 3-4 records.

The SSOC clearly shows there was no mention of these IMOs at all- ever-

Dr. Bash then prepared an additional IMO based on the VA doctor's expert opinion and totally knocked it down-

I also did too with a medical response-

I also raised an additional medical point that I can get IMO on in a few days for 1750 and a few records-but the evidence of this additional situation is right in the c file-

I forget the question-

I have spent 4000 bucks and ready to spend 1750 more if needed to get the proper decision.

Dr. BAsh's opinions were worth every penny and they gave me Peace with Honor-

I am going to get Peace with Honor for Rod from the Veterans Adminsistration for him -regardless of the cost.

Dr. BAsh's second IMO was not redundant to or accumulative of his forst IMO but he had a VA doctor to know this time and that was great-

I have already warned my POA-if VA tries to get another VA opinion- this will be again in direct violation of the regs and I will really get tough.

I cannot comprehend why a vet rep would possibly discourage a veteran from getting an IMO.

My reps acted like my IMos were the first they had ever seen.

If my 3 IMos are not considered again- I will take action on that-

I dont mind if they send me some dumb Vaola quacola which I can knock down medically- but when IMOs remain totally ignored and never acknowledged in any SOC or decision-that is when a claimant has to take strong action.

At this point I dont blame the VA- there is more to this than I could possibly state here-

and it is what lawyers are for in a state court.

Edited June 29, 2007 by Berta

[Steppenwolf]

In another Topic someone asks "which state is best"? Naively, i once thought that all things being equal it didn't matter which state your case was heard. If this is true it should be made public and if it is public already i would like to see it here. One of the DAV SO's in FL told me that FL was one of the worst, if not the worst state to file a claim....and when it came to hearing before a DRO or Judge you could wait 3 to 4 times longer than any other state. In part he claims that it has to do with the so called "snow birds" who clog up the system.

i can tell you first hand: when the winter comes it takes months to get an appointment in any clinic.

A couple of other things told to me: 1 You can not change where your case is heard. ( i did )

2. You can not change your representation after you claim is in review as mine is. ( don't know if this is true but don't want to waste time trying to change organizations if the new representation isn't going to be better than what i have. )

Moving my records and request for a hearing before a judge cut at least two years off of my wait time. i was scheduled for a hearing in Oct of 08 and was heard June of 06. The judge did admit that she does FL too and that it is indeed a long wait to be heard.

3 That i can not turn in my life time membership to the DAV.

4. Once you have been Dx'd an alcoholic you can only be in remission. The Dx is their for life.

Since the last thing was told to me by one of the doctors in mental health that heads the substance abuse clinic i've been told that i can request a review and change of records...more writing letters and sending copies of records etc.

Sometimes i feel like " Poor ole Charlie who couldn't get off the subway" in the Kingston Trio's song MTA

It is possible that it was a VAMC, off the top of my head the regs say that a place will be provided for a hearing, if the VAMC had video conferencing capabilities and for some reason the VARO did not or theirs was broken I can see it happening. I have met with my Voc rehab counselor in the VAMC when she works in the VARO. I think most of us realize with the VA anything is possible, like someone says on here, THINK OUTSIDE THE BOX

[Josephine]

Berta,

Would you please explain this further. I have been told countless times, that if I get my own IMO that it will not be considered, only if the VA orders it themselves.

They will read the IMO, but will give it no weight, as it would be an opinion, that I paid for and that paid doctors will say anything for money.

have already warned my POA-if VA tries to get another VA opinion- this will be again in direct violation of the regs and I will really get tough.

Thanks,

Josephine