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1151hearing Comming Up


JohnM.

Question

Have been fighting the VA for 10 years now and now have a hearing comming up next monh with a judge. can anyone tell me what to expect and how i should prepare for this? I have a DAVSO thats is suppose to be helping me, at leas i hope so, have never meant him. I really need some advice please. thank you and hope all have a GREAT weekend. God Bless. JohnM

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That is an excellent report from Dr. Bash and I do not see how it would even matter if he physically examined you as the outcome of his opinion would not have changed.

"Oh i meant to add is i had a Dr. Bash write his medical opinion for me, quite costly, and submitted it to the VA, they looked at it and basically said fine, but since he did not physically examine me they will not accept his report"

Can you tell us how the VA worded that?

Dr. Bash stuck to the documented medical evidence in his opinion.Seeing you inperson and giving you a full exam wouldnt alter- in my opinion- te established facts in the medical records.

Have you contacted Dr. Bash to see if he feels his opinion should stand as it is?

Do you have a POA?

I am a 1151 er and I know how aggressively VA will fight 1151 claims.You need to challenge every single thing they say is wrong.

There might be a CAVC decisions regarding whether inperson exams are required by IMO doctors but many who get IMOs never even met their IMO doctors as the opinion is based on the established VA medical record.

Did the VA give you a C & P yet specifically for this claim?

If so do you have those results?

No i havent had a C&P . Not sure if i have a POA if i do i think it is the DAV- which now thinking of it im sure its the DAV. NO have not ever contacted Dr. Bash. When he Wrote the report it was thru the attorney i had at the time. I have vowed to fight this as long as i can even til the day i die. No i cant remember how the VA worded the denial as far as Dr. Bashs opinion. Not even sure if i have a copy of the denial. I guess now its a sit and wait time. Will tell you i very much apprecaite your help and advice in all this mess, i just hope things will settle and we all can go on with our lives. My concern is with the judge saying he needs all my records from 1999 to present with some apartently missing i wonder how he would go with it ? If those records can not be found what would his decision be, would he be more apt to give me the benfit of the doubt or ????????? again thank you so much. God Bless You, John

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I see nothing in the remand regarding any missing records.

I am lost here.

Is Jarvi still your lawyer?

Or is the DAV your POA for this claim?

I just re4alised the BVA devision I posted if it is your-is dated late 2005!!!!!!!!!!!!!!!!!

Are you saying the VA has not given you a C & P exam as ordered by this remand for almost 6 YEARS?????

Did this case go back to the CAVC???????????

I am completely lost here and disturbed that I didnt check the date when I last responded.

Something is missing here.

In 6 years from the BVA decision something had to happen. Did it?

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No Jarvi isnt my lawyer anymore he dropped my case. the DAV is my POA now. Received a letter from the Appeals Management Center yesterday saying they have retrieved all my records from the PHX VA now. Also i found some papers saying i had a C&P exam in 2006, but i dont remember this happening, can not find anything in my papers on any report that was done. My case was remanded back to the Phx VA to get the any files that the judge requested, which now im reading they have found. So now i guess its a waiting game again. Am sorry i get so confused on alot of this stuff. After having so many heart attacks i still forget things or cant remember. I get to impatient with having to find or dig up papers, maybe should say frustrated is the word. Am surprised they found the papers so quick. This isnt like the VA to do things so fast. So now i like i said i think its a waiting game now. John

I am lost here.

Is Jarvi still your lawyer?

Or is the DAV your POA for this claim?

I just re4alised the BVA devision I posted if it is your-is dated late 2005!!!!!!!!!!!!!!!!!

Are you saying the VA has not given you a C & P exam as ordered by this remand for almost 6 YEARS?????

Did this case go back to the CAVC???????????

I am completely lost here and disturbed that I didnt check the date when I last responded.

Something is missing here.

In 6 years from the BVA decision something had to happen. Did it?

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