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Telephone Number For Dr. Bash. Urgent Berta Help!


hurryupnwait

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I called the C%P exam office where I had my favorable exam, Sept 2006 and found out that my claims file is in West Los Angeles medical Facility. It has been there since September 10th and is on the desk of the West LA VAMC C&P exam director. He is to review the medical files and give an opinion if he thinks my back condition was aggravated with military service, which could result in a negative opinion and very likely result in denial.

According the C&P office clerk where I had my C&P exam, Sepulveda Ambulatory Care Center, she did not think it was likely that the director would make a negative decision.

I called the C&P exam office where the Director's office is located and got an answer machine, so I left a message requesting a copy of the addendum when it is finished. I did call back and was told that the addendum was finished today and to fax a request for a copy to the medical facility and they would send it to me. They would not tell me over the phone if it was negative or positive.

Anyone know of another phone number for Dr. Bash other than the one on his website, which is an answering service? I did send him an email this past Monday, but I have not received a reply as of yet.

Happy Trails

Paul

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  • HadIt.com Elder

Berta,

Do you have another telephone number for Dr. Bash. It seems Hurryupnwait is in urgent need of speaking to him.

Always,

Josephine

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I do have one somewhere but it will take time to find it-it isnt in my regular phone book-

he does access his emails-did you try drbash@doctor.com

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I do have one somewhere but it will take time to find it-it isnt in my regular phone book-

he does access his emails-did you try drbash@doctor.com

Yes, I sent him an email on 9/24. On Monday, I will be requesting a copy of the C&P exam clarification. This clarification could result in a less than favorable exam. It was finished Friday and is on it's way back to AMC.

My question is at what point during the appeal process at AMC can I submit an IMO. My claim has started moving thru the system again after months of sitting in a file room.

It will prolly be ready to rate when this clarification is in the file.

Happy Trails

Paul

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  • HadIt.com Elder

Hurryupnwait,

This is only from what I have been told. If a decision is made, you can not turn in an IMO.

I was also told, if I faxed information to the AMC that an IMO was on its' way, then they would hold up the claim for this.

Whether or not that fax will be placed in the trash can # 13, I cannot say.

The telephone counselors are susposed to write down everything that you tell them.

I have spoke to Dr. Bash and his Associate and I do know that he wrote to me and told me to tell The BVA and the AMC to delay the decision as his IMO was on the way.

Keep calling him. He told me that he returns all phone calls on the weekend and this is the weekend.

What are you getting when you call him?

From my experience and this is my experience only. Your clarification may very well be a negative.

I wouldn't gamble with this situation.

My old computer went out and all of my information is on the old thing.

I had a personal number and don't know how to get it.

Keep trying to get in touch with him.

I will check my research sources and see if I can find something.

Always,

Josephine

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I spoke to Dr. Bash, he wants to see my file at AMC, maybe Dean could help with getting him permission to see the file. I m not sure how all this will work. He wants me to go to DC for an exam in his office.

He thinks the AMC is trying to find a way out of the favorable c&p exam.

Happy Trails

Paul

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  • HadIt.com Elder

Paul,

Here are some of my research numbers:

Secretary to General Deputy at BVA - Name Lucy - 1- 202- 565- 5001

Deputy Commissioner at the AMC - Jim Rossi - 1-202-565-4443

Chairman of BVA - Jim Terry - 1 - 202 - 565- 5001

Admiral Honorable Cooper - Under Secretary Of Veterans Benefits - 1-202- 273- 6763 & 1 - 202 - 273- 5674

Director of Claims for BVA - Terry Johnson Clark - 1 -202-565-6393

Paul,

Where do you live?

Josephine

Betty

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Paul,

Here are some of my research numbers:

Secretary to General Deputy at BVA - Name Lucy - 1- 202- 565- 5001

Deputy Commissioner at the AMC - Jim Rossi - 1-202-565-4443

Chairman of BVA - Jim Terry - 1 - 202 - 565- 5001

Admiral Honorable Cooper - Under Secretary Of Veterans Benefits - 1-202- 273- 6763 & 1 - 202 - 273- 5674

Director of Claims for BVA - Terry Johnson Clark - 1 -202-565-6393

Paul,

Where do you live?

Josephine

Betty

Thanks

Josephine

I live in a tiny hamlet of 50 people near Kernville, California. My claims file should be in transit to AMC right now.

I m not sure where to start with trying to get AMC to allow Dr. Bash to review my claims file once it arrives there.

Happy Trails

Paul

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  • HadIt.com Elder

Paul,

I trust this meets with you consent. I have ask Berta to please assist us.

I posted an S.O.S. on line.

Always,

Joephine

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Paul,

I trust this meets with you consent. I have ask Berta to please assist us.

I posted an S.O.S. on line.

Always,

Joephine

Josephine, that's fine with me.

My objective is to get permission for Dr. Bash to view my claims file at the AMC.

Thanks bunches

Paul

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  • HadIt.com Elder

Call the AMC and ask them what is needed on Monday

Good Luck

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  • HadIt.com Elder

Paul,

Do you have a copy of your SMR's and a Copy of the C&P sent for clarification?

Could you not fax or email these to Dr. Bash?

Josephine

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Paul,

Do you have a copy of your SMR's and a Copy of the C&P sent for clarification?

Could you not fax or email these to Dr. Bash?

Josephine

Josephine

Yes, I have all those items ready to be faxed to him. Dr. Bash called me back last night but my 7 yr old son picked up an extension in the house and cut me off, I forgot to write down his number and the post with his number in it has disappeared. I sent a pm to the author of the post asking for his number so I can call him back.

I went thru my log book last night and noted that when I called AMC on Sept 6 and spoke to Ernest I was told that I had no claim pending and it was closed out, the next day I spoke to Mrs. Dunlap and she told me that she had the file and would send it to an Examiner for review. That same day, AMC sent the claims file to West Los Angeles Medical Facility for clarification, Sept 7th.

The Claims file arrived in West Los Angeles on Sept 10, three days later. It sure seems that everything happens at once or it just sits there collecting dust.

Happy Trails

Paul

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  • HadIt.com Elder

Paul,

Life can get a bit hectic. I have ever confidence in you, that you will pull this off.

Let us know if we can help you.

I know what you mean about those files. Strange things happen at the AMC.

Right now, I am waiting for someone to get a promotion that can open my file.

I am a sensitive 6, because my niece is a DRO, and everything has to be top secret.

Seems like they promoted all the ones that had a clearance.

Maybe I will get something in the mail soon.

If I am being told the truth, the claim has been rated and waiting for signatures.

I have been told that it has been around and around the block.

Always,

Joephine

(Betty)

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Paul,

Life can get a bit hectic. I have ever confidence in you, that you will pull this off.

Let us know if we can help you.

I know what you mean about those files. Strange things happen at the AMC.

Right now, I am waiting for someone to get a promotion that can open my file.

I am a sensitive 6, because my niece is a DRO, and everything has to be top secret.

Seems like they promoted all the ones that had a clearance.

Maybe I will get something in the mail soon.

If I am being told the truth, the claim has been rated and waiting for signatures.

I have been told that it has been around and around the block.

Always,

Joephine

(Betty)

[/quote

Thanks again for your help

Dr. Bash called me this morning we are trying to work this out, so he can view my file asap and I get to Washington DC for an exam. Could be done in two weeks.

The better phone answerers at AMC are James, Lidel and Mrs. Plummer?

Waiting for signatures is a good thing right. Hope and pray that you prevail.

Happy Trails

Paul

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  • HadIt.com Elder

Paul,

I found out Friday that Lidel received a much deserved promotion. He is the one that gives me my most factual information and of course James.

I hope that they can find another Lidel, as he did so much to help me.

Glad things are working out for you.

Always,

Betty

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"Yes, I sent him an email on 9/24. On Monday, I will be requesting a copy of the C&P exam clarification. This clarification could result in a less than favorable exam. It was finished Friday and is on it's way back to AMC.

My question is at what point during the appeal process at AMC can I submit an IMO. My claim has started moving thru the system again after months of sitting in a file room.

It will prolly be ready to rate when this clarification is in the file."

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"Yes, I sent him an email on 9/24. On Monday, I will be requesting a copy of the C&P exam clarification. This clarification could result in a less than favorable exam. It was finished Friday and is on it's way back to AMC.

My question is at what point during the appeal process at AMC can I submit an IMO. My claim has started moving thru the system again after months of sitting in a file room.

It will prolly be ready to rate when this clarification is in the file."

Did you already get a favorable prior C & P exam? or any favorable IMO?

If so cite Mariano V Principi-

I copied this from my recent correspondence to the VA- although my situation is different maybe this will help you-

Sept 10th 2007 page 2 of 5

I again included the 3 IMos I have- that they have yet to consider and stated

"I remind VA that I proved the VA killed my husband without any background in medicine. My lay statements and the clinical record proved that the VA had committed malpractice and caused Rod’s death. I proved numerous VA doctors had been wrong in their assessment of the veteran’s disabilities and diagnoses.

(I had cited above this the VA's regs on competent medical evidence and lay testimony)

I also cite Mariano V. Principi regarding the value of probative competent medical evidence thus:

“Additional development by the Veterans Benefits

Administration Appeals Management Center (VBA AMC) would only

serve to further delay resolution of the claim. Bernard,

supra. See also Mariano v. Principi, 17 Vet. App. 305, 312

(2003) cautioning against seeking additional medical opinion

where favorable evidence in the record is unrebutted.”

As defined in BVA decision http://www.va.gov/vetapp04/files/0404870.txt

The evidence in my C file of ALL past submissions since 2003 I have made - to include the IMOs from Dr. Craig C, Bash are preponderant and competent and unrebutted.

I also cite:

“The probative value of a medical opinion is generally based on the scope of the examination and review, as well as the relative merits of the expert’s qualifications an"

etc etc-

In my case the VA had obtained a negative VA expert's opinion.(2005)

Although my POA assured me my IMos would be considered by this expert- they weren't.

He told me he thought I would succeed under Relative equipoise when he was about to give the DRO my IMOs.

The SOC shows that he never gave them to the DRO at all and the other copies of them disappeared from the file-even copies I sent on the back of a lettter to the RO director-the IMOs came back with my remand in Sept 2006 and in Dec the VA told me they were missing again.

I went thought this in the late 1990s-with this RO - so I just kept re-sending them-.

The negative VA opinion (which actually contains support too for my claim) was fully attacked by an additional IMO I got from Dr. Bash-it deemed the VA opinion as "medically inaccurate" and gave full rationale as to why-

my point is that-

the VA erroreously failed to consider all of my medical evidence and the expert only used 3-4 records for her opinion-

in the long run this provided another window of opportunity for Dr. Bash to opine on-

in an opinion not cumulative nor redundant of the initial IMO he prepared-he demolished her ridiculous medical statements.

The entire clinical record remained here at the Bath VA as she opined 100 miles away with 3-4 faxed records. She didnt even know the VA admitted to malpractice already-and had no idea of what the veteran died from.

My long point is this-

you are assuming this recent C & P will be unfavorable-

but maybe it wont-

Dr. Bash will need to see the results of that C & P.

It is my understanding that the VA has to accept evidence right up to the minute they take pen in hand to deny-at the BVA.

A BVA denial means -only the US CAVC is left for potential award.

Unless the claim is re-opened at the RO level-however with new and material evidence- but this only produces the re-open claim date as the EED in most cases.

The CAVC considers the record it has from the BVA and not new evidence.

It takes so long to get even to the BVA point that a claimant does have the time to get everything they need-

the CAVC only looks at the BVA decision and the record that the BVA used.

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PS- I couldn't edit but suggest you copy and paste the decision http into your browser and copy this BVA decision and use it-

I made sure I raised this case to VARO before they try to go doctor shopping-again-

BVA decisions usually get no where when used as similiar medical claim to support disability-and sent to RO to support a claim-

the BVA's legal interpretation however of an established regulation- is something they have to consider.

I am assuming you have a favorable C & P already and yet they seem to be attempting to go against their own C & P doctor?

Do you have any idea of exactly what they are trying to clarify?

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PS- I couldn't edit but suggest you copy and paste the decision http into your browser and copy this BVA decision and use it-

I made sure I raised this case to VARO before they try to go doctor shopping-again-

BVA decisions usually get no where when used as similiar medical claim to support disability-and sent to RO to support a claim-

the BVA's legal interpretation however of an established regulation- is something they have to consider.

I am assuming you have a favorable C & P already and yet they seem to be attempting to go against their own C & P doctor?

Do you have any idea of exactly what they are trying to clarify?

This is what they want clarified

The AMC has sent my claims file back to where I got my favorable C&P exam. The doctor that did this exam is now retired, so he will not be replying. They want a clarification of three things:

1. Medical opinion of following;

In Oct 1972, discharge exam

Impression: Bilateral spondylosis with grade 1 spondylothesis s1 on s2 (I think this should read L-5/S-1). Severely symptomatic.

Disposition: Unfit for retention, ATL 40-501 Chapter 3-3

Physical exam: Back and legs full range of motion. Straight leg raises positive at 45 degrees bilateral. Contralateral straight leg raises negative, deep tendon reflexes 2+ bilaterally, no motor or sensory loss.

X rays: see impression

History: 6 year (not correct, should read 2 year) recurrent low back with bilateral sciatica of 3- 4 months duration. No ______ ? increase in pain. No bowel or blatter incontinence.

Oct 1973, VA exam

Claimants back condition is constitutional and developmental abnormality, active duty did not aggravate beyond natural progression.

2. Opinion of the following;

Thirteen years (1973 to 1986) of my civilian doctor's medical records of back treatments were lost by water damage but were already old enough to be destroyed. AMC wants to know how the C&P doctor came up with his nexus of service connected. AMC has a statement from my sister declaring that I was seen by this doctor for my back in those years.

3. Medical opinion:

The same year that my family doctor died (April, 1986). I hurt my back (July 1986) . I was not able to work for four months while a chiropractor treated me. In his records he put that I hurt my back while lifting a raft in a river. In the chiropractor's writing it looks like I lifted the raft by myself. but I was helping 5 other people lift a raft in to a river. AMC is stating that I lifted a heavy raft and that caused the back conditions that I have today. The AMC appears to want to claim that I injured by back in 1986 and that my back condition was ok from 1973 to 1986.

It was not ok, but I do not have the medical evidence.

Do you think you could help me? Should I wait till the VA doctor's enter their clarification?

Sincerely,

I have sent fax to the C&P exam office at the West Los Angeles Medical Facility to fax a copy of this addendum to my SO at AMC. I call them every couple hours to verify if they received my fax that I sent this morning and find out when they can send the copy.

I have also been told that by my SO and the AMC phone answerer that if I was denied I would have 60 days to submit new evidence then they would consider it and make a further decision.

Is this true? That would add several more months onto the claim process.

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