How Much Weight Does A Doctor's Statement Have?

[pilgrim01]

I had a medical issue that was not treated correctly and was listed as something else because no x-rays/mri's were taken while in-service. A couple of months after retiring and realizing that I was not awarded anything for it, I went back to my new doctor (when I retired I got a new doctor) and she did x-ray/mri's. I lot of things were discovered from the x-rays/mri's. So, I did a RECONSIDERATION and my new doctor wrote a letter to the VA in my package stating that my current conditions are consistent with the problems/injuries I was having while in-service since July of 2006. Will that note carry any weight? Thanks, for reading.

[broncovet]

My 2 cents..what you are looking for is a "nexus", and what your doctor said is very close, and Might work, but it would be better if your doc stated, "Veterans condition x is at least as likely as not related to military service".

When the doc says the above, it will be very difficult for the VA to turn down your service connection, and KEEP IT DENIED. The Va TRIED to turn down my doctors similar statement, but the Board of Veterans Appeals over ruled it and granted benefits.

The VA is more interested in denying claims than they are in following regulations, that is why there are so many appeals.

[carlie]

I had a medical issue that was not treated correctly and was listed as something else because no x-rays/mri's were taken while in-service.

A couple of months after retiring and realizing that I was not awarded anything for it, I went back to my new doctor (when I retired I got a new doctor) and she did x-ray/mri's. I lot of things were discovered from the x-rays/mri's.

If your new doc is in agreement with this - ask them to put it in writing to

include Medical Rationale to support their disabreement in this issue.

So, I did a RECONSIDERATION and my new doctor wrote a letter to the VA in my package stating that my current conditions are consistent with the problems/injuries I was having while in-service since July of 2006. Will that note carry any weight? Thanks, for reading.

I hope the new doc stated something in her medical opinion, to the effect of:

As I have reviewed the veteran's service medical records it is my medical opinion that the

current diagnosis of XXX are

(either)

(a) a direct result (is like gold)

or

(b) at least as likely as not (50/50 - still good)

of injury, illness or disease as evidenced by service medical records dated XX/XX/XXXX

that document a finding of XXX. Then she should back this statement up with Medical Rationale as to how the two conditions can be confused.

jmho,

carlie

[john999]

I agree with all. You need your doctor to spell out the nexus and the doctor should put it in terms of "I have reviewed the vet's SMR's and all other medical records" as Carlie says. A really good medical report can overcome almost all roadblocks if their is evidence in your records of a service connected disability. You need evidence, but the quality of your medical report is crucial.

[Rockhound]

How would you classify "if veteran had a "PD" it was most likely a post traumatic cognitive PD, caused by his injury in 19xx, while in the service?

Rockhound Rider

[john999]

Rockhound

I think that is a pretty good rebut to the simple PD diagnsis. If a PD is caused by a blow to the head then it is not a simple PD. It had a service connected cause which makes it not a PD. PD is by definition not service connected. Changes in behavior after a head injury should be viewed as service connected if the injury happened in service. That is my take on it. If you have a brain injury that is not a personality disorder. You are getting closer all the time to getting that PD diagnosis thrown out! I never got mine thrown out, but they just added three or four mental disorders to it.

[luvHIM]

You know...this may sound seem like no answer...but I would have to post...it really depends.

Depends on what, you ask...? It depends on what the actual re-write states...what the VARO is actually looking for it to say and what the rater's interpretation of what was written ends up being. It is too difficult to give a optimistic answer to such an open ended question. But...best regards to you in your quest.

Edited May 7, 2009 by luvHIM