Court Definition Of Possibly

[Ricky]

I posted this on another site but would also like to see if any of my Hadit family has the answer.

As I understand it the VA does not provide any weight to a medical opinion from a doctor unless it states at least as likely.

A recent C/P mental health examiner provided in a recent C/P exam " anxiety possibly contributes to vet's IBS symptoms. Based upon this the VA denied service connection of the IBS (presumptive)due to service in GW1.

The IBS symptoms appeared in 2003 and the anxiety was caused by a heart attack which happened in 2005.

Based upon the start date of the IBS symptoms is seems that it would be impossible for the anxiety to be the CAUSE OF the IBS therefore, the vet deserves a Presumptive service connection under 3:117. To me "possibly contributes" means could make worse.... the symptoms but it definetly does not mean "is caused by.

Any opinions would be appreciated

Edited August 9, 2007 by Ricky

[Ricky]

Thanks guys. Your comments will all be whooped into a NOD. I will follow up when it is over just so future vets will know how to fight such a denial and how to word their nod.

The doc did diagnose anxiety due to a general medical condition (heart attack) along with depressed mood. Since this was a C/P which resulted in a diagnosis of a disability which is secondary to an already service connected disability should they have not considered this and awarded disability for it. She wrote her notes word for word with part 4 for a 30 percent disability.

Guess he will have to file for it.

[free_spirit_etc]

It might be a good idea to see if the C&P doctor would clarify the statment for you. She might be willing to do so - since it seems like she was saying that the person:

1. Had anxiety and depression that was secondary to heart problems

2. The anxiety MIGHT be contributing to worsening of the IBS symptoms.

From what I have read anxiety does not CAUSE IBS - but can contribute to worse symptoms in someone who has IBS. And IBS can cause anxiety. They often co-exist.

So it would seem like that exam would have resulted in SC for depression and anxiety (secondary to heart condition) - and if it had ANY affect on the IBS rating - it should have INCREASED it.

It is amazing how the VA in ways restricts what their doctors can say - and then twists what the doctors say around - which is easier to do because of their restrictions on how the doctors are supposed to word things.

You - as a lay person - are not qualified to interpret what the doctor meant.

They - as lay people - are.

Odd - a patient does not have the expertise to discuss their own illness. Though many people become virtual experts about THEIR OWN diseases.

Yet - a VA employee - who has never even HEARD of an illness - is given the "expertise" ranking to make decisions about what they think the doctor said.

Free

Thanks guys. Your comments will all be whooped into a NOD. I will follow up when it is over just so future vets will know how to fight such a denial and how to word their nod.

The doc did diagnose anxiety due to a general medical condition (heart attack) along with depressed mood. Since this was a C/P which resulted in a diagnosis of a disability which is secondary to an already service connected disability should they have not considered this and awarded disability for it. She wrote her notes word for word with part 4 for a 30 percent disability.

Guess he will have to file for it.

[Ricky]

You are right about the twisting of words. I assure you that if we were trying to service connect the IBS by saying it was secondary to a case of service connected anxiety the RO would be quick to jump up and say no because the doctor merely opined that it was only a possibility that the anxiety contributed to the IBS.

Funny how that it always works to their advantage.

[tssnave]

Free,

I 100% agree!!

Odd - a patient does not have the expertise to discuss their own illness. Though many people become virtual experts about THEIR OWN diseases.

~~~ and you get evaluated by a total stranger for a 45 minute C&P exam and then ~~~~

Yet - a VA employee - who has never even HEARD of an illness - is given the "expertise" ranking to make decisions about what they think the doctor said.

This is one of the things that pisses me off the most about the whole VA system.

And to combat this bs, you have to learn a raters job and read/understand/apply the VA rules, regulations, court cases etc in an NOD and then HOPE they bother to read it and apply it correctly! ARRRGGGGG!!!!!!

Thanks for sharing my frustration and the frustration of most of us here at hadit,

[free_spirit_etc]

Yep. They DO read.And then they select which part to pull out and (mis)interpret.

Here is an idea for accountability - When a rater denies a claim on using a nitpicky tidbit of information they pulled out of a supportive doctor's statement and twisted it out of context in order to deny a claim of a well deserving vet - they get sent to Iraq to live amongst the soliders for a period of time - so they can better understand what it would feel like to live in those conditions and then come back and have someone make such a nitpicky unfair decision about their life.

Oh yeah - and if they are injured or become ill - they are not allowed to document the injury or illness - or if they are - the records will be lost for however many years it takes someone to find something in the record to take out of context.

Free

You are right about the twisting of words. I assure you that if we were trying to service connect the IBS by saying it was secondary to a case of service connected anxiety the RO would be quick to jump up and say no because the doctor merely opined that it was only a possibility that the anxiety contributed to the IBS.

Funny how that it always works to their advantage.