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. 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 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%)"
So, my question is: Are there other ways of saying the same thing or is the above the only exceptable lingo that the VARO rating specialists will consider?
For example, I have lingo in my C&P exams and throughout VAMR that say
1) "most likely" began..."
2) "Undoubtedly" had its onset..."
3) "...long standing arthritis at these sites indicates onset was in service..."
4) "Current medical condition is service connected."
5) "Based on C-File and SMR's, veteran's condition has been chronic pain condition since 1978."
I'm just wondering because my claim is already in post-determination and I only had one C&P exam. I listed many conditions as either direct and or secondary based on SMR's and current diagnoses. But if the aforementioned from what Wings' posted is a requirement by most rating specialists I will be preparing a NOD.
Any responses would be appreciated. I could just be getting a bit anxious; afterall, its been said, "You think too long...you think wrong." But I don't think the person who said it was a veteran dealing with the VA.
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luvHIM
Wings posted on another thread the following:
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. 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 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%)"
So, my question is: Are there other ways of saying the same thing or is the above the only exceptable lingo that the VARO rating specialists will consider?
For example, I have lingo in my C&P exams and throughout VAMR that say
1) "most likely" began..."
2) "Undoubtedly" had its onset..."
3) "...long standing arthritis at these sites indicates onset was in service..."
4) "Current medical condition is service connected."
5) "Based on C-File and SMR's, veteran's condition has been chronic pain condition since 1978."
I'm just wondering because my claim is already in post-determination and I only had one C&P exam. I listed many conditions as either direct and or secondary based on SMR's and current diagnoses. But if the aforementioned from what Wings' posted is a requirement by most rating specialists I will be preparing a NOD.
Any responses would be appreciated. I could just be getting a bit anxious; afterall, its been said, "You think too long...you think wrong." But I don't think the person who said it was a veteran dealing with the VA.
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