What Does Probably Mean In Nexus Statement?

[Rockhound]

I was looking at the Nexus form that was posted on Hadit here and in the boxes where it lists, "Related to", & "At least as likely as not related to"' it also lists, " Possibly related to." I have the results of a neuropsychiatric exam that states that indicated I have both a cognitive depression disorder and a cognitive personality disorder/syndrome that is probably due to the head injury I sustained in service.

Shouldn't the nexus statement form conform to the VA standards and read thusly, "less Likely than," "as likely as," & " more likely than"?

Why can't the Dr's and examiners use this form of language, and why don't they? They know that an injury occured, because of the medical records clearly show it, and it is even shown backed up by a fracture of the nasal bone from a fall, further that a minor concussion was diagnosed supported by an EEG test. also that their was a short period of unconciousness and a period of retrograde amnesia of the time before the injury.

Why then must they use a seperate language, such as Probably or possibly, and if they do, what weight do they carry as apposed to the more formal and definite statements used in VA claims?

The use of these seperate languages only make it necessary for us to seek out private IMO, so that the language can then be formalized to meet the VA Claims standards, so that our claims can have at least a fighting chance of winning.

I am frustrated that now, once again, in order for me to win my claim, I must once again be forced to pay out of my own pocket for an IMO who will be willing to write an opinion that uses the VA's claims more formal nexus statement language.

Right now I am waiting on an appointment with a Neurologist, to see what he will do for me after review of my latest neuropsychiatric exam results and whether or not he will concure with the findings and give me a statement to put in my medical files that is probative to my claim and not some statement that continues to say my head injury may have been the cause or was probably the cause

Where does probably stand for anyway, is it less than 50%, equal-50/50%, or is it greater than 50%? Is their some Precident Opinion on this somewhere?

Rockhound Rider

[Ricky]

This is how they used it in an instruction for a remand:

the optometrist should be

asked to state the likelihood (i.e.,

probably (greater than 50 percent), at

least as likely as not (i.e., probability

of 50 percent), or less likely than not

(i.e., probability less than 50 percent)

that the service-connected diabetes

mellitus aggravated his glaucoma.

[Ricky]

My little sniplets are to just show that doc's, all of them to inculde VA doc's deal in reasonable degrees of medical probability. The VA terms that we quote so often are just an interpertation of those probabilities. If you can get your doc to use the interpertations for probably (more likely than not), probably not (less likely than not) etc then that is great. However, it is nothing to fall on your sword over and piss the doc off (expecially a civilian doc). When you submit the med opinion and outline it you can remind the rater as such: The doctor stated that my injury in service is probably (more likely than not) the cause of my current disability.

[Rockhound]

You need a Board Certified Psychiatrist to place this into writing.

Summary of Professional Opinion:

My review of the records show no documentation which would support

the diagnosis of Personality Disorder.

There simply are no data which would support that diagnosis under the

criteria provided in the Diagnostic and Stastical Manual of the

American Psychiatric Association.

No psychological or personality testing was done.

There was never any showing of an " enduring pattern of inner

experience and behavior that deviates markedly from the expectations

of the individual's culture... is inflexible and pervasive across a

broad range of personal and social situations... is stable and of

long duration... (and) is not better accounted for as a manifestation

or consequence of another mental disorder." DSM IV TR, pages --- - .

The " other mental disorder" which he clearly *DID* and *DOES *have,

and for which he has been treated for --- years, is *----- Disorder.

The Best,

Betty

Betty: You write as if you were a medical transcriptionist. I have something that my prior Psychiatrist put in my progress notes that is similiar to this, but I will have to acquire another copy of it, since I can't seem to find the one I had. It was part of a packet I had given the person who did the neuropsychiatric exam on me, she gave it back, but I misplaced it before I remembered to put it with my other files. Just like me to always be doing something like that. I'm trying to gather everything again and put it all in a binder with protective sleeves for each page, but finding where I scattered everything is a slow process. Both the records office at the VARO and the Hospital will no longer give me copies of records I have already requested without paying for them and my budget doesn't allow for such an expence right now with winter coming on.

I will save this statement in my computor files for reference if I find I need it. Thanks for the help.

Rockhound Rider