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Podiatry/lumbar Nexus
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cannoncocker
I found this at below: http://www.hadit.com/forums/lofiversion/in...php/t28304.html
at prompting, I looked at my lumbar injury from another angle, which is claim the lumbar injury, or at least as an option for orgin or aggrevation due to secondary to approved SC podiatry problems which are long term approved SC issues being pes planus (fallen arches) since we can assume my feet were not flat when I was accepted as fit for service: plantar fasciitis, and mitchell procedure surgery during service for buinionectomy (status post bunionectomy with scar) left 10% and right 10% .
Would this be the same for my purposes, which are claiming my lumbar injury was caused by or aggravated by podiatic issues and primarily caused by in service injury which I hav ER notes and Battalion aid station notes, with buddy sytem notes. the additional documentation offered were the NIOSH Lifting Equation being exceeded by field artillery activities.
Could or should I rework this for my IME use to include the above items? Or is there already a prewoked doc, for use to hand to VA Podiatry(shoe inserts/not much else they can do but more surgery) which puts my body out of alignment and the IME?
In my medical opinion, the currently existing medical condition is
__________ Related to
__________ Not related to
__________At least as likely as not related to
an injury, disease, or event occurring during the veteran's military service.
Present Diagnosis: ________________________________________________________
Injury or event occurring during service (as described by veteran or found in other records provided by veteran):
________________________________________________________________________________
_______________
________________________________________________________________________________
_______________
________________________________________________________________________________
________________
____________________________________________
Signed: Physician/PA/FNP Date__________________________________
I understand that the following diagnosis, opinions and statements are not official VA decisions regarding whether I will receive other VA benefits or, if I receive VA benefits, their amount. They may, however, be considered with other evidence when these decisions are made at a VA Regional Office that specializes in benefit decision
Signature of veteran Date _____________________________________________________
Signature and Title of Practitioner Date _________________________________________
Medical Opinions for VARO Claims
********************************************************************************
**************************************************************
How much proof do I need on a claim?
VA law requires the "as likely as not" standard. Doctors are used to stating opinions to a medical certainty. That is a much higher burden of proof. Show your doctor the following chart. It may help.
continunum of causation -- burdens of proof
standard ---------- how much --------- context
as likely as not --------- at least 50% ------- verteran claims
more likely as not---------- more than 50% -----civil trials
clear and convincing------ about 75% ----civil juvenile court
to a medical certainty===about 80%------ court doctor opinion
beyond a reasonable doubt----- about 90%----criminal trials
beyond a shadow of a doubt-----100%------ignorant doctors
How to give an opinion for Nexus (relationship to a military incident)?
When asked to give an opinion as to whether a condition is related to a specific incident during military service, the opinion should be expressed as follows:
1. “is due to” (100% sure)
2. “more likely than not” (greater than 50%)
3. “at least as likely as not” (equal to or greater than 50%)
4. “not at least as likely as not” (less than 50%)
5. “is not due to” (0%)"
Edited by cannoncockerLink to comment
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