HadIt.com Elder LarryJ Posted January 21, 2008 HadIt.com Elder Share Posted January 21, 2008 Ya'll may know about this form, but I didn't. It's a form that you give your VA health care provider for them to fill out in support of your claim. I had to scan it, so it might not come out very clear. "It is cold and we have no blankets. The little children are freezing to death. My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death. I want to have time to look for my children and see how many of them I can find. Maybe I shall find them among the dead. Hear me, my chiefs! I am tired; my heart is sick and sad. From where the sun now stands, I will fight no more forever." Chief Joseph Link to comment Share on other sites More sharing options...
c&p man Posted June 8, 2009 Share Posted June 8, 2009 Ya'll may know about this form, but I didn't. It's a form that you give your VA health care provider for them to fill out in support of your claim. I had to scan it, so it might not come out very clear. oh sorry larry i should posted my document here... i am new just this week i became a member.... Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted June 8, 2009 HadIt.com Elder Share Posted June 8, 2009 x x x How much proof do I need on a claim? VA law requires the "as likely as not" standard. 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 to 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%)" USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T) Link to comment Share on other sites More sharing options...
c&p man Posted June 8, 2009 Share Posted June 8, 2009 x x x How much proof do I need on a claim? VA law requires the "as likely as not" standard. 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 to 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%)" thqt very informational and thank you so much for that...wow i am learning more in 3 days then i did in the last 5 years of my VA claims process... did you take a look at my nexus letter post? any suggestions? Link to comment Share on other sites More sharing options...
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LarryJ
Ya'll may know about this form, but I didn't. It's a form that you give your VA health care provider for them to fill out in support of your claim.
I had to scan it, so it might not come out very clear.
"It is cold and we have no blankets.
The little children are freezing to death.
My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.
I want to have time to look for my children and see how many of them I can find.
Maybe I shall find them among the dead.
Hear me, my chiefs! I am tired; my heart is sick and sad.
From where the sun now stands, I will fight no more forever."
Chief Joseph
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