Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Medical Opinion

Rate this question


steve&pat

Question

I found this on C&Ps & doctor statements--- Thought it might help someone--

On medical opinions--CP doesnt always top doctors opinion

For "Olsarge", "Auditory" and others, the law re what constitutes an

adequate exam by either a VA examiner at a C&P exam or a private physician's

medical opinion has changed significantly in the last few years. One main

change is that the VA can no longer reject a private doctor's opinion on the

basis that the doctor did not review (or have access to) the vet's entire VA

claims file folder. Similarly, a VA doctor's opinion will no longer be

weighted as having more probative value simply bc he/she did review the

vet's C file folder. The precedent Court case that lays it all out is:

Nieves-Rodriguez v. Peake, 22 Vet.App 295 (2008) – key holdings:

1. A medical opinion, whether VA or private, is not entitled to any weight

if it contains only data and conclusions.

2. The Board may not prefer a VA medical opinion over a private medical

opinion solely because the VA examiner reviewed the claims file.

3. It is the factually accurate, fully articulated, sound reasoning for the

conclusion, not the mere fact that the claims file was reviewed, that

contributes probative value to a medical opinion.

Just thought this info might help,

Katrina J. Eagle

Attorney at Law

The Veterans Law Office of Eagle & Wildhaber, LLP

Representing America's Veterans and Their Families

858 272 1560 (San Diego, CA) / 877 787 7207 (toll free)

www.veteranslawoffice.net

- Hide quoted text -- Show quoted text

Maybe this might help a VET---

STEVE & PAT

Link to comment
  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

×
×
  • Create New...

Important Information

Guidelines and Terms of Use