Ro's Response To Imo....

[vetwife]

Hi all,

We got a IMO from Dr Bash for my husbands claim. Please read the attachment on the response from the RO in their decision (denial) letter. bash.bmp

This claim is a 1151 - the RO never ever sent him for a C&P , never got their own opinion, just swept this under the rug. Then they knock the IMO that we sent - the only medical opinion there is on this claim - it's not even disputed - because they never sent my husband in for one..... This came a while back...I'm am still REALLY upset.... please read & give me opinions on what to do ( I have just filed form 9).

I have his records! They x-rayed the wrong ankle & then reported that he only had a sprain - when he actually had a fractured ankle bone. They had him walking on it for over 4 months in excruciating pain before finally doing an MRI & seeing it was still fractured.

The decisions also reads "there is no evidence the VA caused additional damage" Could they truly believe walking on a fracture for months wouldn't cause additional damage?

If I am wrong - please set me straight here.... he ended up with sever nerve damage & having to have his whole ankle fused together. But they think they didn't cause additional damage? Is that possible?

[poolguy11550]

I agree you do need an attorney but dont forget the fac that Dr Bash is a NeuroRadiologist.

He was a radiologist before he specialized in the Neurological modality.

His opinion cannot be discounted that easily. It may at a certain level but once it sets serious at the court level it will come into play.

Good luck.

J

I agree with jbasser- however I'd give a copy of Dr. Bash's IMO to your treating doctor/s and get his/her opinion. Most likely the IMO from your treating doctor will be very similar to that of Dr. Bash. It's been my experience that doctors tend to go along with the opinions of their colleagues if its within reason. Hiring Dr. Bash for a follow up IMO will cost you and going to Maryland for an exam will cost you- yet more.

[hollywoodnc]

Hi all,

We got a IMO from Dr Bash for my husbands claim. Please read the attachment on the response from the RO in their decision (denial) letter. bash.bmp

This claim is a 1151 - the RO never ever sent him for a C&P , never got their own opinion, just swept this under the rug. Then they knock the IMO that we sent - the only medical opinion there is on this claim - it's not even disputed - because they never sent my husband in for one..... This came a while back...I'm am still REALLY upset.... please read & give me opinions on what to do ( I have just filed form 9).

I have his records! They x-rayed the wrong ankle & then reported that he only had a sprain - when he actually had a fractured ankle bone. They had him walking on it for over 4 months in excruciating pain before finally doing an MRI & seeing it was still fractured.

The decisions also reads "there is no evidence the VA caused additional damage" Could they truly believe walking on a fracture for months wouldn't cause additional damage?

If I am wrong - please set me straight here.... he ended up with sever nerve damage & having to have his whole ankle fused together. But they think they didn't cause additional damage? Is that possible?

Hello Vetwife...

"They x-rayed the wrong ankle & then reported that he only had a sprain - when he actually had a fractured ankle bone. They had him walking on it for over 4 months in excruciating pain before finally doing an MRI & seeing it was still fractured.

Misdiagnosed condition, ordering him to walk on the injury 'Thinking' that it was a Sprain,...

I don't know if others will agree with me on this, but I sense this to be an FTCA case!

Don't delay, see an FTCA attorney FAST! They usually offer a free consultation and some will take the case on a Contingency basis.

I hope that you prevail!!!

Edited December 23, 2008 by hollywoodnc

[Berta]

An employee I know at the local VA had similiar problem- she slipped on some food that had not been cleaned up yet in the VA hallway and the VA ER doc treated her for a sprain. AFter 3 weeks she could not even walk and other trips to ER only provided her pain meds-

her foot had actually been broken.

She won FTCA settlement (couldnt file 1151-not a vet)

You have 2 years from knowledge of the malpractice to file FTCA tort claim.

The IMO from Dr. Bash could be more helpful to a tort than to the 1151 at the RO level.

The reuirements are same as 1151- documented malpractice or negligence and cdocumented disability resulting from that negligence.

Here is the SF 95- you need to file this with the Regional or District COunsel office in the VAMC's jurisdiction.

I suggest under the first part regarding the charges to state that the medical care received was not the same level of care that the standard medical community would provide and that it lent to further disability.

You can state you are attaching evidence to the SF 95 and then list and attach a copy of the IMO from Dr Bash and any other medical evidence that would support the FTCA claim.

[Berta]

ooops here it is-

The part about property damage you can just put Not Applicable- the part about witnesses-this is usually for property damage claims but I listed here (and attached additional page) all the doctors who malpracticed on my husband.

You must decide on an amount of damages and list this amount twice -once and then as a total amount in the boxes on the bottom of the form-

a VA OGC lawyer told me that often they have to reject SF 95s because the veteran or widow did not fill out both boxes for the amount of damages.

actually-since I have been through FTCA I strongly suggest that you get an attorney to help with this form and file this for you.

sf95.pdf

[yoggie2]

I have thought about this and I have seen another example of a VARO trying to discredit Craig Bash and I think that you need to send him a copy of this VARO crap Statement concerning his qualifications.

I know that Dr Bash does not take every case and is not a hired gun Doctor. His IMO's although expensive are professional and well documented. I believe that he even worked for the VA at one time doing C&P's. I know that he has helped a lot of Veterans get Service Connected on very difficult claims. However he is brutal when he deals with VA incompetence and I figure that some have a score to settle.

This is probably why you need a lawyer but I think it is important to let Dr Bash know what happened.

Good Luck

You know what I find interesting too, is the way they refer to DR.Bash as like he is a ambulance chaser and kinda dirty a do anything for money Doctor, pretty much twice in this same letter. He must be putting a hurtin on the VA, also sounds like he is very widely known through out the VA and sounded resentful and mean because of it. That means they know his credentials very well. Yeah I would venture to say you need to get a lawyer to fight this one. I am probably reading into it to much but it sounded in my head kinda mean... MJHO...Sorry for letter must have made you very angery to even read it...

[poolguy11550]

You know what I find interesting too, is the way they refer to DR.Bash as like he is a ambulance chaser and kinda dirty a do anything for money Doctor, pretty much twice in this same letter. He must be putting a hurtin on the VA, also sounds like he is very widely known through out the VA...........

The VA can only reject evidence if Dr. Bash is not a M.D. or that his argument that he is opining is so skewed that it completely counters common medical knowledge. The VA will play the ole our two doctor vs. your one game with you if comes down to it.

Dr. Bash is an M.D. and all his opinions that I read are reasonable. He does know VA speak and that is perhaps his best asset over veterans treating doctors.