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

[Josephine]

Larry,

You hit that nail right on the head. I couldn't have said that better myself!

Good Work!

Josephine

(Betty)

[tssnave]

Here's what the VA Clinican's Guide says (and I would have any civilian IMO doc use the same lanuage verbatim if at all possible):

1.16 How do I 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%)

As I recall from some other reading, these are the legally acceptable terms - all other words and phrases are up to interpretation so it is better to give them the exact words they are looking for that will be legally binding.

Good luck,

TS

[Pete53]

"Its my opinion that X acquired the diagnosed condition in service and that X is unemployable due to the condition."

Let the Doc spell it out but tell them before they write the opinion what is needed

[LarryJ]

and, I'll repeat again: You do NOT want the examiner in this case to state "at least as likely" or make any other statement than what he has already made.

With what the examiner has stated in this case, it will be a very easy matter to shoot down the reasoning of the VA's denial. Because, with any reasoning and reasonable mind, the Judge(s) should be easily swayed in the right direction.

1. The vet has a "presumed" condition from GW1.

2. This "presumptive" condition PRE-dates the possible "anxiety" (we don't know, at this juncture whether he has, in fact, been diagnosed as suffering from "anxiety", or whether there has been a positive diagnosis of the causitive factor for this alleged "anxiety").

3. So, if he truly has properly diagnosed "anxiety", it doesn't matter. First of all, because the examiner can only say the the anxiety "possibly" contributes to the vet's IBS. The examiner does NOT state that the "anxiety" CAUSED the IBS. Secondly, it is virtually impossible that something that is diagnosed two years after the IBS diagnosis could have CAUSED the IBS.

So, forget all this stuff about "at least as likely" yada, yada, yada.

[Josephine]

This is straight from my BVA case and from the two Psychiatrist who did my last C&P.

In contrast to Dr. P.'s opinion, and that of a VA psychologist in an October 2004 report, a board of two VA staff psychiatrists found that the veteran's symptoms were primarily consistent with a personality disorder and that it did not appear she developed a chronic psychiatric disability while on active duty.

The word " Appear" tells me that they don't know whether I did or I did not.

Josephine

[free_spirit_etc]

Yep. Good point. Don't give them any openings to go off on tangents. If he was diagnosed in service with anxiety and an examiner said that the anxiety POSSIBLY contributed to the IBS they would NOT grant SC on the standard of possibly. Therefore - they should not take away the presumption based on a possibly statement.

If you HAVE IBS - then, yes, anxiety can play a role in increasing the symptoms. Just like anxiety can make the symptoms of many diseases worse.

But the best thing is to not even encourage them to get off on those tangents.

I do not think you have to be a doctor to point out that the IBS was diagnosed LONG before the anxiety and the fact that someone said it may POSSIBLY contribute to it does not create CAUSE.

Amazing how they can ignore so much and focus on so little.

Free

and, I'll repeat again: You do NOT want the examiner in this case to state "at least as likely" or make any other statement than what he has already made.

With what the examiner has stated in this case, it will be a very easy matter to shoot down the reasoning of the VA's denial. Because, with any reasoning and reasonable mind, the Judge(s) should be easily swayed in the right direction.

1. The vet has a "presumed" condition from GW1.

2. This "presumptive" condition PRE-dates the possible "anxiety" (we don't know, at this juncture whether he has, in fact, been diagnosed as suffering from "anxiety", or whether there has been a positive diagnosis of the causitive factor for this alleged "anxiety").

3. So, if he truly has properly diagnosed "anxiety", it doesn't matter. First of all, because the examiner can only say the the anxiety "possibly" contributes to the vet's IBS. The examiner does NOT state that the "anxiety" CAUSED the IBS. Secondly, it is virtually impossible that something that is diagnosed two years after the IBS diagnosis could have CAUSED the IBS.

So, forget all this stuff about "at least as likely" yada, yada, yada.