21-2507 - Decision Makers Request For Examination

[carlie]

I have a 21-2507 Form - Request for Examination.

The person that signed this request has specifically instructed the C&P examiner,

to opine as to if the veterans condition of XXX is

" MORE likely than not"

related to ....

The C&P examiner followed this specific instruction and opined,

"The veterans condition of XXX is "NOT MORE likely than not"

related to ....

We know that the C&P examiners are to state,

Is due to- 100%

More likely than not- Greater than 50%

At least as likely as not- 50% (Benefit of doubt goes to Vet)

Not at least as likely as not- Less than 50%

Is not due to- 0%

How do I form the rebuttal against this specific instruction to the

C&P examiner.

Do I simply state,this was prejudicial to the veterans claim,

as this (the specific instruction), limited the C&P examiner to

opineing on MORE likely than not versus, it is at least as likely as not ?

Thanks in advance.

carlie

[carlie]

Thanks to all for the responses and great links.

I think we've got this issue sewed up pretty tight now.

carlie

[cowgirl]

Agree, sure doesnt sound right. I hope you are treated more fairly and the games stop. The word "IF" is one thing - but it looks like the rep specifically stated it that way with purpose.

One request in my files says "In the opinion of the VA examiner is it at least as likely as not, the veteran has..."

Let us know ~ !

[dzinetech]

How do you get a copy of this form? Who can you get it from? I need a copy of this form