Court Filing Question?

[allan]

If the BVA leaves out a important IMO in their final decision, is this an error the court would look at?

The BVA says in their final that the cervical, thoracic & lumbar region that has developed DJD & DDD from the accident I'm claiming, couldn't have been service connected, but the osteoarthritis that developed over the same time span in the shoulder, from the same accident, is.

The judge completely left out the Sept IMO Dr Bash & the PVA submitted.

Dr Bash submitted a prior IMO in Feb & the BVA said he didn't have the complete file in front of him when he made his statement, so they gave it no weight.

He states in his Sept-05 IMO that he "again" reviewed the VA claim file and it is still my impression that his multilevel degenerative changes of the spine are related to his motor vehicle accident in service.

Rationale: The accident(being thrown from a car) represents a significant trauma to the neck & back. He states," it is known that such an injury precipitates or accelerates the onset of the degenerative process of the spine, Turek, beginning at page 1512 and elsewhere.

The BVA judge Thomas, requested a IMO for the shoulder"only" this last Jan & the Dr said almost the same as Dr Bash for the shoulder. The BVA than awards the shoulder & writes it up like medical science couldn't apply to the spine, only the shoulder?

[CRYPTOTECH]

The VA dislikes doctors like Dr. Bash because he is only going to opine to your favor.You're paying him to opine in your favor and the VA knows this. They get so many opinions from Dr. Bash and they are all in favor so sometimes they give his evals very little weight.

He will also ALWAYS say he reviewed the Veteran's claim file when a lot of times he didn't.

Frank

If the BVA leaves out a important IMO in their final decision, is this an error the court would look at?

The BVA says in their final that the cervical, thoracic & lumbar region that has developed DJD & DDD from the accident I'm claiming, couldn't have been service connected, but the osteoarthritis that developed over the same time span in the shoulder, from the same accident, is.

The judge completely left out the Sept IMO Dr Bash & the PVA submitted.

Dr Bash submitted a prior IMO in Feb & the BVA said he didn't have the complete file in front of him when he made his statement, so they gave it no weight.

He states in his Sept-05 IMO that he "again" reviewed the VA claim file and it is still my impression that his multilevel degenerative changes of the spine are related to his motor vehicle accident in service.

Rationale: The accident(being thrown from a car) represents a significant trauma to the neck & back. He states," it is known that such an injury precipitates or accelerates the onset of the degenerative process of the spine, Turek, beginning at page 1512 and elsewhere.

The BVA judge Thomas, requested a IMO for the shoulder"only" this last Jan & the Dr said almost the same as Dr Bash for the shoulder. The BVA than awards the shoulder & writes it up like medical science couldn't apply to the spine, only the shoulder?

[vaf]

VA decisions must contain an analysis of the credibility or probative value of the evidence submitted by and on behalf of appellant in support of his or her claim, and if the VA rejects this evidence, the VA must submit a statement of the reasons or bases for the implicit rejection of this evidence by the VA. See Gabrielson v. Brown, 7 Vet.App. 36, 40 (1994) citing Gilbert v. Derwinski, 1 Vet. App. 49, 59 (1994).

VA is required to consider all the evidence of record, including medical records and all pertinent lay statements. See Harder v. Brown, 5 Vet App. 183 (1993).

The Board of Veterans Appeals cannot rely only upon evidence it considers to be favorable to its position. It must base its decision upon all the evidence of record. See Smith v. Derwinski, 2 Vet.App. 137,141 (1992) citing Willis v. Derwinski, 1 Vet.App. 63, 66 (1990).

The Board of Veteran’s Appeals’ failure to address evidence in its decision is indicative of whether it considered such evidence. See Douglas v. Derwinski, 2 Vet.App. 435, 440 (1992).

If your IMO, personal statement or any other evidence is not listed as evidence in the decision and is not discussed in detail in the decision, you should cite the above Court decisions regarding evidence in your NOD.

[allan]

I didn't pay Dr Bash for a favorable medical opinion.

I paid him for a thorough evaluation of my service, medical records since service, c-file & provide a diagnoses for or against Multiple Sclerosis.

I was looking to get it settled & felt, like the VA rating dept., that the VAMC Dr's refused to look at the whole picture & use all the medical evidence available.

If your publically accusing Dr bash of fraudulently selling medical opinions without proof, I'd advice you to reconsider. That's against the law, isn't it? Especially if you work for a federal agency.

Or do you just have something against him personally.

I wouldn't think his opinions would carry so much weight with the CAVC for medical opinions if he was the fraud you claim he is.

Edited June 6, 2009 by allan

[CRYPTOTECH]

So would you of paid him to do a eval and write up a negative evaluation against your claim. I think not. I'm not saying Dr. Bash is a fraud but he is getting paid NOT to write up negaitve evails. It's common sense. If he wrote up negative evals he wouldn't be in business. He's in business to make money off hard-pressed Veterans and Social Security Claimants. I do understand trying him though if you have exhausting everything else. What else you have to lose, except 2 grand of your hard earned money. I'm just telling it like it is. Sorry, you didn't hear what you wanted to hear.

Frank

I didn't pay Dr Bash for a favorable medical opinion.

I paid him for a thorough evaluation of my service, medical records since service, c-file & provide a diagnoses for or against Multiple Sclerosis.

I was looking to get it settled & felt, like the VA rating dept., that the VAMC Dr's refused to look at the whole picture & use all the medical evidence available.

If your publically accusing Dr bash of fraudulently selling medical opinions without proof, I'd advice you to reconsider. That's against the law, isn't it? Especially if you work for a federal agency.

Or do you just have something against him personally.

I wouldn't think his opinions would carry so much weight with the CAVC for medical opinions if he was the fraud you claim he is.

[vaf]

Just my opinion, but I don't see where it serves any purpose to argue the merits or liabilities of IMO providers such as Dr. Bash. Let's also remember that full-fledged M.D.'s sign off on C & P exams performed by nurse practioners, PA's, residents, and other non-M.D. evaluators, without reading the entire C-file or examining the vet in person.

Bottom line, if what the vet considers to be valuable evidence is not cited, weighed and discussed as to its impact on a rating decision, the vet needs to cite legal argument to force that consideration into the process. Evidence ignored is evidence not considered. I believe that's the best approach to tip the benefit of the doubt in favor of the veteran.

[allan]

Thank you VAF.

I'll do so.

The judge picked out part of a comment a Dr put in my records decades ago.

The Dr says I came in with back pain from helping to push a car out of the mud. The next sentence says I have a long term history of back problems. This statement is throughout my medical history.

The judge picked out, "Dr says I came in with back pain from helping to push a car out of the mud."

A few months later the same lumbar, thoracic or cervical spot flairs up again. The Dr says I came in with back pain again. Says I reported walking in snow & feeling pain. Again the Dr states I have a long term history of back problems. So this judge only picks out the things I'm telling the Dr that caused the spine to flair up & writes it up as inter-current causes. Its plain as heck the Dr is saying its the same crap flaring up.

DDD & DJD never does heal. It's not new injuries but flair ups. I get them from sneezing or rolling out of bed. Anything can trigger a herniated disk, scoliosis or arthritic bone spur poking a nerve on me. It's in decades of records.

This judge completely excluded favorable parts of VAMC C&P's. He picked out what he wanted concerning the shoulder & left out the left arm, cervical, thoracic, lumbar & MS that was also stated as favorable by several Dr's.

The BVA has been doing this to me for nearly 12 yrs in every SOC or SSSOOOCCCC.

He states from the VAMC opinion, the osteoarthritis in the shoulder could evolve from the accident and quotes the VAMC Dr. But says the injured spine from the accident couldn't do that. Whiplash & blunt chest trauma can't have a lasting effect on the spine, but the shoulder involved in the same, blunt chest trauma can? What pure BS.

All those Dr's, including their own C&P dept knows nothing, but this BVA judge has all the medical knowledge there needs to be to exclude them.

Than he excludes altogether Dr Bash's IMO's that stated the spine injuries evolved into the DJD & DDD I presently have.

My brain doesn't work right & I can see where the fraudulent statements are. And it's not on the part of three other Dr's & Dr Bash. They all say the same thing. Service connected.

Guess I'll let an attorney have some real fun with the BVA. I've kept this going since 1995. That will help getting someone that knows their stuff I think.

He states he requested an neuro-orthopedist to provide an opinion, but he refused.

So you try once with one Dr & thats it?

Good thing I'm heavily medicated. This stuff use to make me tear the house apart.