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PALMETTO2

Seaman
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Posts posted by PALMETTO2

  1. x

    x

    x

    How much proof do I need on a claim?

    VA law requires "as likely as not"

    Doctors are used to stating opinions to a medical certainty. That is a much higher burden of proof than required by the VA. 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 does the examiner give an opinion for nexus (relationship to a military service)?

    When asked to give an opinion as to whether a condition is related to 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%)"

  2. I feel like I am asking a stupid question, but I've heard there is no such thing as a stupid question, only a stupid answer. My understanding is that an IMO is an (Independent Medical Opinion). If, this is true, I dont understand why you would have to pay 2 to 3k for an expert witness. It seems that you could just go to a clinical pyhsc. for a half dozen visits and get an IMO. I got one from my private physician and did not cost me anything. What I am saying is if you have an HMO, you can go to a specialist in this field, for thirty dolars a visit. That would be about 180.00 or so. Am I in left field or what, on this. B)
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