Imo & Dr Bash

[tmoe]

Hello everyone, just wanted to share something I learn about Dr Bash today i got a call from him about I need an medical

opinion to help establish an early effective date of IU and that he can help with this for a lot less than the what the attorney

is charging if we win about 45 grand different. He even said he & his assistant would represent me at hearing & BVA if necessary no

extra charge. He is really a nice guy my first time speaking with him took about an hour. He says I don't need a lawyer he will help me

with everything the IMO & be at hearing he and his assistant must be an advocate. I have read good and bad but I was impress with

him he also email me some of his opinions he has written looks good. Question? for those who have use him were you satisfied with his

work & do you think he can help me ?. One more can you drop an attorney and will you have to pay him anything? Thanks a lot

[cooter]

I have heard nothing but great outcomes with his work. He wouldn't bother with your claim if he thought you didn't have a chance. Now as far as your Lawyer goes, it would probably depend how your agreement with him/her is written. Hopefully he'll only charge what he/she has already done so far.

Coot

[Berta]

Cooter is right-

It depends n the fee agreement.

As to Dr. Bash- I am very well satisfied with 2 IMOs he did for me years ago.

I sent him a brief email in 2005 as to what I wanted and mentioned some of the evidence I had.

Within days he emailed me back with support for the claim based on what I had.

I sent him the check along with a cover letter and the medical evidence and med recs etc.

He prepared the first IMO while he was vacationing and it was done very quickly.

The second IMO too was excellent.

By that time VA had a bogus opinion he could easily knock down.

He has been a guest at out SVR broadcasts here recently with John, the excellent advocate he works with.

These shows can be listened to by clicking on the show icon in the SVR archives here via your media player.

[carlie]

Hello everyone, just wanted to share something I learn about Dr Bash today i got a call from him about I need an medical

opinion to help establish an early effective date of IU and that he can help with this for a lot less than the what the attorney

is charging if we win about 45 grand different. One more can you drop an attorney and will you have to pay him anything? Thanks a lot

1) The rating decision in question - that awarded IU - is dated what?

The effective date VBA assigned to your grant of IU is what?

In the Reasons and Bases Section - EXACTLY what is stated in regards to IU

and the effective date assigned?

In what way are you in hopes, that a new medical opinion will now warrant an

earlier effective date for IU?

2) IMO - if you have contracted with a lawyer/firm for representation and you decide

to terminate this agreement, your contract probably states something in the fine print

that basically states you will be responsible for any incurred expenses and hourly

billing for any work/action that has been done.

[tmoe]

1) The rating decision in question - that awarded IU - is dated what? 8-2010

The effective date VBA assigned to your grant of IU is what? 4-2009

In the Reasons and Bases Section - EXACTLY what is stated in regards to IU

and the effective date assigned? nothing but this is when my percentages was on rated at 40% + 30

In what way are you in hopes, that a new medical opinion will now warrant an

earlier effective date for IU? We are trying to show that I have not been able to be gainfully employed since 2002 even if the percentages was not what is require for IU (40+30) at that time. Also SSDI for same sc disability since 2002 and a doctor opinion is on file but not written in VA language the way they like it.Back then i knew nothing about filing for comp so I didn't know, but it did not give a rationale for the opinion. If Dr Bash can review the file and agree with my doctor & ssdi that I was or have been unemployable from my sc disabilities since 2002 then we might have a chance.

2) IMO - if you have contracted with a lawyer/firm for representation and you decide

to terminate this agreement, your contract probably states something in the fine print

that basically states you will be responsible for any incurred expenses and hourly

billing for any work/action that has been done.

Edited June 3, 2012 by tmoe (see edit history)

[carlie]

tmoe,

When did you submit your 21-8940?

[tmoe]

tmoe,

When did you submit your 21-8940?

carlie,2004, 2006,2008 but none is in the records until 2009 but i file one with every claim I file. Here is a catch we find 2 decision were it was denied in 2005 that has been in appeals that just fell off the records

[TexasCop]

Honestly, I wouldn't send any money to Dr. Bash right now. He appears to be extremely busy and is having a hard time keeping up with the workload he already has. I paid him back in March and here in July he still doesn't know who I am. He doesn't respond to emails, text messages or phone calls. I would wait until we see if he is able to correct whatever he has going on right now.

[carlie]

Honestly, I wouldn't send any money to Dr. Bash right now. He appears to be extremely busy and is having a hard time keeping up with the workload he already has. I paid him back in March and here in July he still doesn't know who I am. He doesn't respond to emails, text messages or phone calls. I would wait until we see if he is able to correct whatever he has going on right now.

If your not under a time crunch for BVA or COVA, the time frame really doesn't seem off.

JMHO

[TexasCop]

Carlie, I'm fine with the time frame. I'm in no time crunch.

Edited July 21, 2012 by TexasCop (see edit history)

[jbasser]

Dr Bash is a very busy man.

Ever heard the old saying you get what you pay for.

There are millions of MD's in the US but very few possess the internal knowledge and the inner workings of VA law and how it relates to a medical condition.

He uses a rationale for his opinions that in most cases are uneatable.

I have also noticed that the more complex a claim the longer response time given the extensive research it takes.

This is only the medical side. Dr Bash also has a couple of folks assisting him with the claims side.

Basser

[TexasCop]

Yep, I've pored through probably 100+ of his IMOs and the man knows his business like no other MD I've seen. I just think the good doctor needs to hire a secretary. :)

[TexasCop]

And please don't think I'm bashing Bash (neat term?). God knows we need more doctors like him. I just have concerns over organization.

[nicki]

How much does an IMO usually run? Not trying to be nosey. Its just my husband is on SSDI and there isnt alot rolling in with 3 teenagers....

[Slowlane]

I have read that it can go as high as 6,000.00 for an opinion.

[Berta]

My IMOs cost 2 thousand each, from Dr. Bash in 2005 and 2006.

I know the fee might well have been much higher, but I had prepared the claim and the evidence,with a cover letter to him, that detailed everything he needed to know.

The claim was a first of it's kind. I had succeeded in FTCA, Section 1151 awards for the VA's cause of my husband's death due to malpractice.

Years later in 2002 , my daughter, in the Military ,kept telling me she thought dad had also been misdiagnosed with diabetes mellitus, that had gone onto the VA Agent Orange presumptive list.

She bugged me every time she was able to call home, to re open my claim.Finally in 2003 I reviewed my husband;'s medical records, and his autopsy again, with a different point of view than the older DIC claim had.

My daughter was Right!

I filed in 2003 and sent Dr. Bash,in 2005, the same evidence I reopened the claim with. I studied everything I could on the internet and in medical texts on diabetes mellitus and found he had been symptomatic of DMII , even evidenced in his eye exams and dental exams as well as within the other evidence I used to prove wrongful death due to undiagnosed and untreated heart disease.(MRI, etc etc)

My point here is I did Plenty of medical legwork in the 2 years prior to my contacting Dr. Bash.

It was a claim of additional malpractice but could not be filed under FTCA or 1151.

I won the FTCA case without any IMO or lawyer and I had the full pervue of all of that evidence with which I proved prime facie malpractice.

So Dr. Bash already had significant evidence in my case, that VA had already malpracticed on my husband's IHD , CVA, and his HBP so it sure was 'more then likely' they malpracticed on my husband's DMII from AO too.

My point is that I feel my fees with Dr. Bash would have been much higher,had I not won the previous FTCA/.1151 awards already and if I had not done the extensive research to develop the 2003 DMII claim..

I believe his fees are based on the time element as well as what evidence is available in the medical records, and what additional evidence can be found.

Another cardio doctor from a forensic medical firm charged me,in 2009, only $1750 for his IMO, but I won this claim at the BVA before the doctor had even done the IMO, based on the 2 IMOs from Dr BAsh, the email IMO, and other very significant evidence I had sent to the BVA.

The forensic firm refunded me about 900 back,since I didnt even need this 4th opinion.

It is difficult however to compare IMO fees because they depend on many factors.

[jbasser]

The bottom line. You get what you pay for. The most important thing to any claim is the quality of the medical rationale. Most Doctors just don't put the time into it so it will satisfy the VA folks.

That is the real issue.

J

[rpowell01]

Why are different people charged different fees Jbasser? Its not like he looks at everything then makes a determination on the fee. He usually tells you a fee up front. I am not bashing Dr. Bash nor his fees but just wondering how he comes up with a fee. I am thinking off the top of his head while he is talking with you on the phone.

Again I have seen one doctor who also does IMOs here in Florida charge my friend $500 but he wanted to charge me $3k but I decided after reading my friend's IMO that Dr. Bash was the better person because the other Doctor didn't even quote one single thing out of any medical journals. He just did a timeline of events from the in service injury to current. Don't get me wrong my friend won his claims with that IMO. But I am just wondering how he comes up with his pricing...

Also does the fees include a trip to the BVA level if need be for everyone? This one is something need to know for I have an IMO with him and my claims are about to be decided at the RO...

Edited June 6, 2013 by rpowell01 (see edit history)

[tonio]

As a long time reader and forum member I would like to chime in. I too have used Dr.Bash and I must say rpowell01 you do in fact get what you pay for. Once I started using Dr.Bash my claim jumped from 30 % to my current 80 % in a matter of 6 months and I am hopeful 100 % which I will know the results in the next 60 days. In my own personal opinion he's worth every cent. He's helped several of my friends also Good luck with your claims my friend.

[rpowell01]

tonio I am not questioning Dr. Bash's ability on doing the IMOs. I am just wondering why I see different people in this topic who were charged differently than I was or how they were each charged differently. So my question was how does he come up with a fee whenever he hasn't even looked at the claim and records but tells you over the phone the fee? Like somebody said organization is a must when dealing with this much $$$$....Hope you understand what I am asking. Its a simple question.

Edited June 6, 2013 by rpowell01 (see edit history)

[Berta]

In my case, I emailed Dr. Bash with a brief rendition of my most probative evidence for my AO DMII death claim.

I did tell him, the VA never diagnosed or treated my husband for DMII but I also had their admission of other malpractice ,due to a FTCA award.

He emailed back..words to the affect.....'.if you have what you say you have,this is a good case.'

I cant recall if I called him or maybe he called me and we discussed further what I had as evidence to prove the DMII. I had taken lots of time to properly word this claim and prepare the evidence.

By then, as well, I also had a pretty good medical background on heart disease and diabetes mellitus, to discuss this claim with him (thanks to the VA...they turn us into lay doctors sometimes.....when we have to medically research the med recs and our claims ourselves.

On the phone I told him also of an email response I had from a former VA doctor who had treated Rod. He loved it as it could corroborate his IMO.

I didnt tell him finding that doctor took a long time, first I had spelled his name wrong when I googled him, and then I finally found him in private Neuro practice in another state., and that the initial blood chem records in my husband's VA recs had been cut off when they copied them, and he had emailed me for a better copy prior to sending me the corroborating email.

I had one heck of a time getting a better copy of one specific blood chem report from the VA.

My point here is he told me right away this IMO would be 2 thousand.

His other IMO was 2 thousand as well.

I had done significant legwork to prepare a DMII AO claim regarding my husband's death, that I felt could have stood on the merits of my evidence alone.

But I also wanted to be sure I had a strong IMO as well.

Also Dr. Bash did not need to address the veteran's SMRs at all. When an IMO Doc needs to gpo through SMRS (and many of them are difficult to read) to establish an inservice nexus....and I used to go through SMRs for local vet's claim....this can be VERY time consuming work, and without the nexus, in some claims situations, the claim will definitely fail.

Why did I need 2 IMOs.....I sure would have handled this claim differently now than I did in those days....

The DRO completely ignored Dr Bash's first IMO.

I asked the VA to CUE itself on the initial denial due to violation of 38 CFR 4.6 ( I forgot until today, I had asked them to CUE themselves in 2005 over this claim). I raised quite a ruckus and within 3 weeks they did CUE that denial and I got another DRO review.

But I got the same DRO and now I think that was a violation of the regs too.

My former vet rep showed up for this review and told me he had presented to her the IMO she had ignored.

She handed it back to him ( so he said) and told him she couldnt read it.

But she did order a C & P from a VA endocrinologist.

When this rep called me back to tell me what had occurred, I asked him how she,the DRO, could read results of a VA C & P exam if she couldnt read an IMO?

He didnt know what to say to me and then assured me he did give her the IMO so I expected the SOC to at least consider it.

Again it was ignored and there was a statement in the SOC to indicated to me the rep had lied to me about this whole DRO review.

I think he might have shit canned my IMO himself.

I asked Dr. Bash to prepare another IMO based on the C & P exam results the DRO ordered. They ignored his second IMO.

Boy was he pissed and he wanted me to call my Congressman and even the IG I think.

However one thing I knew for sure was that the BVA can read.

The BVA award took note of multiple copies of these IMOs I had sent to the VARO ,in my C file, that had never been addressed at all by the VARO.

The USPS Tracking slips for those submissions, I used as evidence for my H VAC testimony during the Shreddergate fiasco.My point was when the VA ignores probative evidence such as costly IMOs, they might as well have shredded them, because the results are the same.....

.the claimant has been denied their basic rights to submit evidence under 38 USC.by the VA itself.

I had no idea at that time what the heck the VA had done with my IMOs, and I could only assume they shredded them.

The BVA award ,years after I had sent testimony to the HVAC, revealed they were in my C file the whole time.

Sorry I got off the track here with your question.........

The fee I got for my cardio opinion that I never needed was 1750, far less than what I expected it to be.

But the man who found the forensic cardio doctor to do it called me up when he got my packet of info requesting the IMO and asked me if I was a doctor or a lawyer or both.

This is a Forensic Consult firm who does IMOs for legal matters.

He said he had never seen anything prepared as well as my stuff was prepared and felt I would have no problem getting the IMO I needed.

Again, legwork and research pays off....and some claims are very complex.I felt mine was not complex due to the evidence I had.

I just think it is a disgrace that disabled veterans have to go through this type of work and get costly IMOs to get a fair shake from the VA.

I believe an IMO doctor can assess fairly quickly what type of research and time it will take him or her to develop a good IMO and determine the price that way.

We had a member here who paid an extraordinary amount of money for an IMO on chemical exposures.

I guess he never gave the expert who opined for him, the IMO criteria I developed here at hadit based solely on how Dr Bash had done my IMOs.

The IMO he ended up getting ,the VA rejected. It contained nothing whatsoever as to how this veteran was exposed to chemicals via his MOS , no specifics on what actual chemicals he used in service, nor how those specific chemicals, in any way, affected his health and how they , as likely as not, had caused his current disabilities.

So one needs to be careful who they request an IMO from and that the IMO doctor is willing to conform their IMO to what information the VA wants.

Edited June 7, 2013 by Berta (see edit history)