The Benefit Of Doubt

[Ruffcreek]

Hello and thanks to everyone who have answered my questions in the past.

I have filed a claim, went to the VA for the C & P exam, got a letter stating "at least as likely as not" from my specialist and one from my private Dr.

I am now writing my own statement to sent to the VARO along with the letters from the above doctors. I am hoping I get a favorable rating right off but of course I may not.

My question is: In my statement shall I refer to the "Benefit of Doubt Doctrine" or will they apply it automatically IF my claim is in a state of equipoise? Also if I should use it, what would be the correct wording?

Thanks,

Ruffcreek

[Jim MAC]

Hello and thanks to everyone who have answered my questions in the past.

I have filed a claim, went to the VA for the C & P exam, got a letter stating "at least as likely as not" from my specialist and one from my private Dr.

I am now writing my own statement to sent to the VARO along with the letters from the above doctors. I am hoping I get a favorable rating right off but of course I may not.

My question is: In my statement shall I refer to the "Benefit of Doubt Doctrine" or will they apply it automatically IF my claim is in a state of equipoise? Also if I should use it, what would be the correct wording?

Thanks,

Ruffcreek

I won my DRO hearing with a C+P thats said as least as likely as not. That statement was from the C+P doc from Q+C

Good luck

Jim

Edited February 12, 2008 by Jim MAC

[john999]

Did the C&P doctor use the phrase "At least as likely as not" in his/her report. If so you should not have to worry about benefit of doubt.

[Berta]

You could certainly remind them that your claim is within the realm of Relative Equipoise (Benefit of Doubt)

Sounds to me it is beyond that-and a winner-

if they read the C & P report and the private doc's report.

(if they dared to try to obtain a VA opinion at this point against the claim- and one never knows what they might do-even with a favorable C & P- you can send them Mariano V Principi and stop that idea dead in its tracks-)

I think you have provided more then enough for a proper award.

I see you are at 60% now and please forgive me if you already answered this but- are you working and if not- have you formally applied for TDIU?

Edited February 12, 2008 by Berta

[Pete53]

Your evidence is at least equal to the VA's you are entitled to benefit of doubt. If the VA dismisses your evidence than it is not so. However, I agree with Berta your claim should be awarded to you.

[rdawg]

Are you saying the &P doc gave you a "at least as likely"?

If not then you need to see what the C&P says. If it states "not at least as likely as not" and you have 2 private dr.'s saying 'AT LEAST AS LIKELY AS NOT" then it could go either way. The rating specialist culd aplly more weight (relevance) to the C&P doc's opinion. In that case the evidence is against you, not in equipose.

[LarryJ]

"The rating specialist culd aplly more weight (relevance) to the C&P doc's opinion. In that case the evidence is against you, not in equipose."

Well, I wouldn't say that the evidence was against him.

I would, however, say that if there was more weight placed on the C&P examiner's opinion than was placed on a specialists opinion, then the RATER is against you, but not the evidence.

I had a rater say that my MDD was not "permanent" and could improve, thereby he stated that my MDD was temporary in nature and I did not qualify for TDIU.

The C&P report that he quoted to back up his "diagnosis", which he copied in his denial, started out, in the first sentence "This veteran's Major Depression has existed for the last 35 years and is directly related to the pain from his service-connected injuries and is chronic in nature, and will remain as long as his pain remains. All we can hope to do is to treat his symptoms to keep this depression from leading to more serious outcomes. The veteran reports suffering from suicidal ideation frequently, which has led to an increase in his medication....etc."

So, from reading this VA psychiatrist's report the "rater" determined that my MDD (70%) is temporary and will be cured.....so all I get is a "temporary" rating and can look forward to some idiot examining me again in the future.

I didn't even think that the rater was qualified to change my diagnosis........but, they will do ANYTHING to keep you "down". When my VA psychiatrist read the rater's statement, he almost went ballistic, and promised me that HE would see that this would be straightened out.........

We'll see, I guess. But, I'm not betting the farm on it.

I don't trust anyone. Anymore.