Telephone Number For Dr. Bash. Urgent Berta Help!

[hurryupnwait]

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

Edited September 28, 2007 by hurryupnwait

[hurryupnwait]

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

Edited September 30, 2007 by hurryupnwait

[Josephine]

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)

[hurryupnwait]

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

[Josephine]

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

[Berta]

"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."

[Berta]

"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.