steve&pat Posted December 22, 2009 Share Posted December 22, 2009 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
HadIt.com Elder Pete53 Posted January 6, 2010 HadIt.com Elder Share Posted January 6, 2010 The Doc could say that they reviewed all Medical Records that were made available by VA Link to comment
free_spirit_etc Posted January 6, 2010 Share Posted January 6, 2010 The Doc could say that they reviewed all Medical Records that were made available by VA Now there's a thought! B) Link to comment
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steve&pat
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
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