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Anyone Use David Anaise Md Jd


hmcquade

Question

Well I sent him and email on May 11th inquiring about help with a denied claim. I get a call from him on Memorial day, he leaves me a voice mail messaging stating he reaches out on Memorial day to help Veterans, he read my email and could help me with my Claim, that was denied, for PAD secondary to my SC DMII.

So the Dr. sends me forms and contacts to sign, he wants to get my C-File, he wants 20% of my back pay if we win, and if I fire him during the course of his investigation he is entitled to $350.00 an hour for the work he did.

Wow all I wanted was a Nexus letter, it is written on his website he charges $1500.00 for a Nexus letter. I don't mind a person making living but WOW!!

I do not think this is reaching out and helping. So I called him and left him a voice mail message, sent him several emails about all this money he wants, so far he has not gotten back to me

Thanks,

Hugh

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Roger that, Eli. I merely put this information up for any to read. The premises are still valid on attorney/client fee agreements as well as the technique of cementing your appeal at the Board and making it remand-proof. 

Always remember, knowledge will give you the power to win. Advice, while freely given here,  should be verified. That's why we do this. Occasionally, I read comments on this site that make my hair stand on end. I've learned to bite my tongue and keep my counsel to myself. If I only helped one Vet by posting this, then that's one more who benefited. 

So many Vets. So little time.

 

starfish story.JPG

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You really are only concerned with his success rate handling cases identical to yours. What is his experience with your Appeal issues?

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On 6/28/2018 at 5:52 PM, asknod said:

VA is well-aware of Dr. Anaise as well as Dr. Bash. Your claim also gets the hairy eyeball when their names pop up at the RO.

 

I cannot speak to Dr. Bash, I did try to contact him  many times but he just didn't respond. I did pay Dr. Anaise for a Medical opinion on two issues, one for a knee injury secondary to the other knee, and one for sleep apnea. It turned out I didn't need the opinion on sleep apnea, because the VA c/p examiner, stated that with my other medical conditions it was more likely than not that sleep apnea occurred on  active duty, This was a claim 31 years after I retired with nothing in the medical records about apnea, until 25 years after retirement. The knee opinion was completely overlooked by the rater, he called it medical evidence, which was BS, so the knee issue is on appeal. I only paid $1500,  for the IMO's, and they were very well thought out,.... I did have to supply all the medical records pertaining to the issues which he states he destroys later.   

 

What do you mean by the hairy eyeball comment ?  Is that some kid of code that you think they think they are quacks? Really maybe I am dense, but don't really understand the comment.

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The knee opinion was completely overlooked by the rater, he called it medical evidence, which was BS, so the knee issue is on appeal. I only paid $1500,  for the IMO's, and they were very well thought out,..."

If you claimed the knee situations specifically - and the VA obviously had the IMO- if they

 "completely overlooked by the rater, " they they committed a CUE due to violation of 38 CFR 4.6.

Do you have a VSO or vet rep?

I think the 'hairy eyeball' comment means  (in my opinion) these 2 well known IMO/IME doctors can prepare opinions that make the VA C & P doctors look like quacks.

I have  a copy of a very nice letter former VA Secretary Mansfield sent to Dr. Bash, thanking him for the work he has done on behalf of veterans,regarding the claims system. This was quite some time ago before I knew him. 

Maybe 2000 or 2001- the VAROs and the OGC were giving him a lot of crap.It stopped when he fought back.

The radio show last night with Dr Bash was good- all of his shows are

 

 

 

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I used Dr. Anaise for a nexus letter, for apnea secondary to sinus condition and increase in IBS rating.  60 page IMO that was highly professional.  I passed this through RAMP supplemental and they granted the IBS bump but not the apnea. Mine is a case where I asked to see an ENT in service but was not afforded an opportunity; 1st surgery was 5mo out of service. (back then few had heard of apnea and the surgery I had is known to delay detection of apnea as it reduces snoring but not AHI).  I expected even /w IMO this would need to go to BVA, etc. since there is a clear high rate of denied apnea claims. RAMP supplemental was very fast.  Because it is new, it took them several months to get into the system right, but once in, processed in less than 3 mo.  I plan to use Dr. Anaise for appeal.  Now, if I could just find an old photo of me on crutches for the left knee injury unclaimed --- then I could prove the single entry in my file showing R knee dislocation mentioned was in error - I still remember which I dislocated and took a right across town for...  ouch. 

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Hairy eyeball:

https://www.phrases.org.uk/meanings/hairy-eyeball.html

What's the meaning of the phrase 'The hairy eyeball'?

A glance made with partially lowered eyelashes. This usually indicates suspicion or hostility but may signal other emotions too

 

https://en.oxforddictionaries.com/definition/give_someone_the_hairy_eyeball

Stare at someone in a disapproving or angry way, especially with one's eyelids partially lowered.

 

https://www.urbandictionary.com/define.php?term=Hairy Eyeball

When someone looks you up and down in a judgemental way.

The hairy eyeball is the death stare.
Its the look somone gets when theyre hearing a bunch of bull, or they are glaring at their worst enemy, parent, great aunt-gladdie, teacher, employer, stalker, neighborhood arsonist-pedaphile-rapist, nosey neighbor, siblings, that 13 year old and her friends following you around the mall because your so attractive.

 

https://en.wiktionary.org/wiki/hairy_eyeball

hairy eyeball (plural hairy eyeballs)

  1. (slang) A look askance at someone; a look of disdain or skepticism.
    He was giving me the hairy eyeball.
  2. (slang) A fond look at someone while batting one's eyelashes.
    He was telling me about a girl looking at him and he said, "She gave me the hairy eyeball." That meant she liked him.
    (Second variation as first used and decribed on television, in the TV show "Hazel" 4/6/1962).
     
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On ‎2‎/‎11‎/‎2016 at 3:54 AM, Magnesium2 said:

 

First nexus letter contained 1 issue: granted.

Second nexus letter contained 1 issue: granted

Third nexus letter contained 3 issues: two granted, one denied.

 

I’m not going to appeal the denied issue because I was granted IU.

 

Thank you, Dr. Anaise.

  

 

 

I used Dr. Anaise for a fourth (4th) IMO on an unexpected secondary condition.

I won again.

Thanks you, Dr. Anaise.

 

 

 

Edited by Magnesium2 (see edit history)
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My wife and I found Dr. David Anaise to help assist us with my appeal for Sleep Apnea. 

My wife wrote him a nice detailed email with my assistance. 

I want to know does the VA give more scrutiny (what does hairy eyeball actually mean) to claims that he provides nexus statements?

Is it a good idea to hire him, I only use the VA for care and I can't seem to get one VA doctor to write a nexus statement, no matter how I ask or plead.

They all say they could get into trouble if they do.

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He is one of the better ones, and since he is a doc AND a lawyer, he has a very good following. If he takes your case it means he feels that you can win your case. Also, OSA can get you a 50% rating if you need a CPAP and if your doc says it is necessary for you. He isn't cheap. As Asknod often says, they perform a service and they have their own expenses to pay for. "You pay for what you get". I think what you should do, what every veteran should do when they are considering paying out of pocket expenses for say a dbq or an imo is,  do a "cost analysis". Simply, what is your rating now, what is the new rating likely going to be based on your current evaluations , and divide the difference into the cost of the medical advise. Say your current rating is 10%, or $140.05. Say, based on your current conditions, you think your rating will jump to 50%, or $879.60. The difference is $738.55 a month increase. Lets say Dr. Anise says he will charge you $3000.00 for the imo. How long will it take you to get your money back? $3000 divided by $738.55, or just over 4 months to get your money back. In this example, it seems like a no brainer, even if you have to borrow the money. But Anise, like any doc isn't going to give you your money back if you lose the case. So there are no guarantees. If your rating is higher, say 80 or 90%, the outcome is different because of "VA math", and the risk/reward might not be worth it on paying for advise for adding a new disability. But the whole point is, do your (math) homework. Be better informed so you can make a better decision. Good luck.

 

 

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I contacted Dr. David Anaise through his web site and received a response the following day. He has agreed to represent me in my appeal for Sleep Apnea denial as well as a 30% rating for my cervical spinal fusion following a bridging accident that collapsed on top of me. 

I am optimistic my rating will increase from a total of 90% to a full 100% when he is finished. 

I will re-post as the process continues. 

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I'm more than happy to pay him $1500 I've read several of his IME's on his web page I just don't trust any VA doctors who work for the VA and and are also hired by the same agency they work to conduct exams on veterans its like having a fox watch the he house to make sure none of the hens get out. I've been thru the VA's exams with little success there is no way the VA doctor can be imparcial so, I'm not taking any chances this go around 

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Dr. Anaise did an IMO for me a couple of months ago. The VA had previously said that my right knee tendinitis was service-connected but that the tendinitis in my left knee was not. He wrote me an IMO that argued that the left knee was service-related by primary or secondary caused by my service connected right knee. The total charge was $1500 for the IMO and once I emailed him all of my medical documents it took him about 2 weeks to get it to me, and it was over 40 pages written so you def get your $$$ worth. This would take me from 20% to 30% which would which double my VA compensation plus get me $5000 property tax credit since I now reside in Illinois.

I used the supplemental claim method because it stated the claim would be completed in 6 months or less (ideally). I believe I submitted everything around mid-July so hopefully it will be done by January at the latest. After receiving my supplemental claim they quickly scheduled me for another C&P but just for mobility purposes. Everything that I've read seems to think they were just checking mobility to either assign a 10% or 20% rating. 

Once I receive the final outcome I will post more. I was told if this has to go to another step then Dr. Anaise would consider representing me in court.

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I'm considering paying Dr. Anaise for a Sleep Apnea IMO, secondary to PTSD, on an initial claim. Not an appeal. I see nothing but great reviews, and clearly he's the right guy for appeals. In my case, I want this done on the first try. 

It's unclear to me if he is the right guy for an initial claim, as he's not a sleep specialist.  

Has anyone had an issue with the VA's response to an IMO from Dr. Anaise on an initial sleep apnea claim, due to the fact that he is not specialized in sleep medicine?

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On 3/28/2020 at 10:52 AM, DDD said:

I'm considering paying Dr. Anaise for a Sleep Apnea IMO, secondary to PTSD, on an initial claim. Not an appeal. I see nothing but great reviews, and clearly he's the right guy for appeals. In my case, I want this done on the first try. 

It's unclear to me if he is the right guy for an initial claim, as he's not a sleep specialist.  

Has anyone had an issue with the VA's response to an IMO from Dr. Anaise on an initial sleep apnea claim, due to the fact that he is not specialized in sleep medicine?

Seaman.

I started my claim on Dec 7, 2019.  My local VA doctor recommended I go for a sleep study to help me. So I went to their outside doctor and they setup my sleep study. February 20, 2020 was my C&P examination as you can read below THE VA DOCTOR SAID NO.  Everyone told me no way I could get it connected. They were right I didn't do it, Dr. David Anaise 53 page IMO DID IT!!! The VA paid my back pay on March 3, 2020.

"We received your medical evidence which discusses the symptoms of your medical condition. The evidence shows you were diagnosed with obstructive sleep apnea (confirmed on sleep study) on December 3, 2019. Your medical condition was confirmed on VA examination dated February 20, 2020. Although the VA examiner did not relate your condition to your military service, your private physician opined that your obstructive sleep apnea is caused by and/or aggravated by your service connected PTSD. Therefore, service connection is warranted."

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On 3/28/2020 at 7:52 AM, DDD said:

I'm considering paying Dr. Anaise for a Sleep Apnea IMO, secondary to PTSD, on an initial claim. Not an appeal. I see nothing but great reviews, and clearly he's the right guy for appeals. In my case, I want this done on the first try. 

It's unclear to me if he is the right guy for an initial claim, as he's not a sleep specialist.  

Has anyone had an issue with the VA's response to an IMO from Dr. Anaise on an initial sleep apnea claim, due to the fact that he is not specialized in sleep medicine?

Do it. But first go to a private sleep doctor and pay the sleep test fee. Then USPS Priority mail your c-file, private sleep test exam results, and a certified cheque to Dr Anaise. 

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Normally I would't do this, but I felt the need due to the response I received from him. I sent a message via the website with a great deal of information and asking a question to decide if I needed representation, or a simple IMO. The reply "cannot help." With a link to buy his book. That was it. I must say it was a bit off-putting. I get that he is a busy guy, but I would think he could at least take the time to write an entire sentence. I'm sorry to say I feel he has turned into one of the "easy case" guys who might only be looking at dollar signs now. 

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I had tried to contact him last year about doing an IMO but got no response, which is not surprising because a lot of the popular ones are busy.  I ended up hiring a lawyer in my state because I don't care about the 20% of my back pay and feel it's worth it for someone experienced and knows the law; my local VSO was not all that helpful or great and said I'd need an IMO to help win my case but she couldn't help me with that.  My attorney then ended up getting in touch with him and I paid him to do an IMO, and it was spectacular.  It pretty much guaranteed a win at the BVA with what was in my service records, and since the VA never bothered to do a C&P to help me develop my claim, the evidence in my favor was so overwhelming, I didn't need a hearing and got my SC granted just 4 months after it arrived at the BVA.  Getting an IMO is probably one of the most difficult parts of a claim in my experience, because it takes a lot of research and time to do.  If your claim relies heavily on getting one, you'd probably be better off just hiring an attorney (do your research first, and if you aren't 100% you may as well not bother with the ones you find online in google search, because they are so busy they will not bother unless you are 100% disabled-- tip:  if the lawyer you contact doesn't contact you back directly, move on and find someone else because it means they won't take a personal interest in your claim).

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