vlb-all-products

vlb-c-file-manual


  • Topics

  • Member Statistics

    • Total Members
      16,118
    • Most Online
      3,604

    Newest Member
    freemont
    Joined
  • Forum Statistics

    • Total Topics
      61,562
    • Total Posts
      397,317
  • Posts

    • I will have been on a CPAP come a year Dec. 1st.  As I understand I have to turn my CPAP into my local VAMC, which I assume is to show the actual usage in order to get prescribed for another year of usage. My question is what is VA looking for inside the CPAP besides obviously the conisitent usage, and what actual data is there for them to see and evaluate?  I read somewhere that they can see if your apneas have increased or decreased......is this true?  Has anyone ever actually gone from moderate or severe OSA to no apneas ? If this is true..........I do not understand how it can go lower in apneas when other conditions are still involved like allergies, sinus, deviated septum, etc.?  Just curious what is involved and what is the data is extracted from CPAP.  I do have a claim in for SA as a NOD.  Thanks for any help on this subject.
    • Some DRO's can't read either   I think the veterans claims should be decided at this level and if they were Most claims would be Awarded. It maybe just me but when a veteran has everything it takes to win a claim all the correct evidence & records all in the veteran favor and the rater don't read all of it and then the vet is denied,  Then vet files NOD  for a DRO Hearing (usually) they are other means to how the veteran wants his claim to be decided. Some times DRO Hearings are no good...it maybe just me but I truly think if the DRO don't like the veteran or just don't like his/her looks   they have a denial in mind, because when a veteran proves his case to a DRO and has everything needed for the DRO to make the Right Decision   they don't do that  instead they tell the veteran: ''ok well everything looks good  I will take this back to my desk and I'will read the evidence more and this may take a while so I'll let you know by letter in 60 days or less''  ect,,ect,,  to me that DRO knew he would deny that veteran...then the Appeals process begins a timely process, BVA Journey starts I -9 filed SOC read ect ect,,,  and the wait for a decision that should have already been made....This cost the VA more $$ b/c one day the veteran will win his/her claim  and get a lot of retro paid but what does the veteran do in the mean time....sometimes its to late (vet dies)  but the agony and worry's with the VA is carried on by this veteran family  and this should never happen but it happens everyday at the V A jmo ..........Buck
    • In July of '15, I appealed a denial of service connection for a R shoulder condition. I submitted actual copies of a shoulder injury from my Navy medical record, along with evidence of surgeries in 200 and 2015 done by non-VA doctors. At the same time, I filed for an increase in my cervical spine condition. Of course, nothing has happened yet, but it appears that the VA has lumped the two together as one "appeal." I submitted the paperwork under the direction of my NSO. I'm sure this question has been addressed here periodically, but I'd like a fresh opinion:
       As time goes by, I continue to be treated, tested, injected, etc. for both of these conditions; they are getting worse and worse and the NSO is encouraging me to go for and IU claim, but I still want to try to work. Also recently lost my wife to cancer so i'm the only income anymore. I've been told that submitting additional evidence causes your claim or appeal to go back to the beginning of the process. Is this true? Also, does the VA, when they do get around to looking at my appeal, automatically go through my record and look for information pertaining to my claim? I began using the VA system exclusively last fall, so the new information should be readily at hand. Do I have to go through and pick it out and submit it to them as supporting documentation, or will they find it on their own? If I need to submit, then it goes back to my question above; am I just moving my appeal father away from being considered? Aside from that, I recently got a favorable 10% for tinnitus. I was already at 90% and the new award doesn't push me to 100, but i guess it always helps to document it. Considering a subscription - these ads are a killer and make using the site a lot more confusing to me. Thanks for all the work you do, all of you! Jim
    • They haven't ever given me anything but Lyrica, and that was a fight.  Tricare is the same or worse.  When the "rich kids" started OD'ing on Mommy's pills 10-15 years ago, they started this war.  As usual, the first casualties are those of us that can't afford to go to someone else.
    • Update -9/28/16  I had 26 months of backpay hit the bank, I think it was more exciting  to hear the "IU grant". Life is not fair but it may feel like justice as I "save" that money. 





Tbird

"is Due To", "more Likely Than Not", "at Least As Likely As Not" What Do These Mean?

6 posts in this topic

"is due to" (100% sure)

"more likely than not" (greater than 50%)

"at least as likely as not" (equal to or greater than 50%)

"not at least as likely as not" (less than 50%)

"is not due to" (0%)

http://www.hadit.com...help_guide.html

Share this post


Link to post
Share on other sites



I recently had a C&P where the examiner stated "is as likely as not 50/50"

What would the RO rater do with that?

Share this post


Link to post
Share on other sites

That would be a good plus with all the other evidence you have for your claim. Especially, when the rater see's that the examiner is one of thier own Dr.

Good Luck JHawks!

Share this post


Link to post
Share on other sites

This is some great info, thanks for posting it.

The phrase that bothers me, and doesn't really seem to get enough attention, is that crap about "unable to opine without resorting to mere speculation". From what I'm gathering, that is a below-the-belt way for a sneaky C&P nurse to basically try and taint any opinions you have from actual medical professionals (not N.P. doctor wannabes). They seem to be trying to use it in the context that not just they, but any medical person could not offer an opinion in your favor based on any medical or historical facts.

Is there any official VA information on that "mere speculation" copout phrase?

Further, and even more exasperating, on my C&P report the N.P. uses the "mere speculation" statement for a number of conditions I am claiming, then each time she proceeds to give an opinion anyhow, just a negative one. So in fact, she is admitting she can't give a valid opinion, but she turns around and tries to shoot me down. Why should her "mere speculation" carry any probative weight whatsoever? At the point where a C&P N.P. says they can't give an opinion, the VA should tell them to just shut the heck up.

I have some great nexus letters from actual doctors. I hope they will be given more value than the rantings of a second-rate digital rectal examiner who hasn't enough confidence in her knowledge to actually offer a true opinion.

JHawks, everything I've seen tells me that when a C&P examiner gives you the "at least as likely as not" opinion, you're probably very likely to see SC for that condition. Best of luck!

Share this post


Link to post
Share on other sites

acesup,

In my opinion, "unable to opine without resorting to mere speculation" is inserted by the examiner so they do not have to spend any more time on your case. Instead, they go to lunch, leave for the day, or whatever. In the case of your NP, they probably were heading to the movies.

Your right about probative weight. The RO swears up and down by having the correct jargon (per T-bird's first post). They will not accept a private opinion labeled 'probably", which in all right should mean 50/50 and they treat it negatively. Regarding "mere speculation", should it also mean 50/50? I had one claim where I was given "mere speculation", but the RO awarded SC based on relative equipoise and a lot of supporting evidence.

Share this post


Link to post
Share on other sites

Further, and even more exasperating, on my C&P report the N.P. uses the "mere speculation" statement for a number of conditions I am claiming, then each time she proceeds to give an opinion anyhow, just a negative one. So in fact, she is admitting she can't give a valid opinion, but she turns around and tries to shoot me down. Why should her "mere speculation" carry any probative weight whatsoever? At the point where a C&P N.P. says they can't give an opinion, the VA should tell them to just shut the heck up.

I have some great nexus letters from actual doctors. I hope they will be given more value than the rantings of a second-rate digital rectal examiner who hasn't enough confidence in her knowledge to actually offer a true opinion.

acesup,

The C&P report by the N.P., will more likely than not be signed off on

by a MD.

When the decision maker applies weight to the evidence, hopefully they will pay attention

to the "great nexus letters from actual doctors" realize this puts the medical evidence in

relative equipoise and apply the BOD, in your favor.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now