I Just Discovered A Form To Use To Get A Medical Opinion

[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.

[c&p man]

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....

[Wings]

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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%)"

[c&p man]

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?