The Term "as Likely As Not"

[teejay53]

does the va have to add to the term "as likely as not" ... wording such as "it is more...", "less likely than not" ... or other wording or do they say simply "as likely as not" when deciding a service connection claim?

i have so many different explanations. i am asking here for anyone's opinion.

thank you

[teejay53]

below is a part of the letter my husband's doctor wrote for the va. would this language be accepted by the va rater or should it have said the "as likely as not" wording?

my husband's doctor letter stated "mr. ________________ had no risk factors for contracting hepatitis so, i therefore conclude that mr. ______________'s medical condition was a direct result of medical care received through the veteran's administration."

thank you for your opinion.

tj

[Berta]

If this was expanded on with references to negligence and/or malpractice documentation that is evidence in the clinical VA medical record-that would help a Section 1151 claim for "as if" SC death DIC -if the hepatitis was directly due to VA medical care.

If the DIC claim was for direct service connected death, then the IMO doctor's opinion needs to include exactly how the veteran got hepatitis in the military and how it contributed medically to his death.

[teejay53]

the doctor also included this in letter; thank you for you opinion

LETTER INCLUDED:

it has been documented and proven that hep. c can result from a blood transfusion for which specific screening was unavailable until 1990.

specifically, his hep. c cirrohsis and resultant esophageal varices were a direct result of hep. c.

it should be noted that mr. _______ had no risk factors for contracting hep. c except for the blood transfusion received while hospitalized in naval hospital at camp pendleton, ca in oct 1978 due to a sever stabbing incurred while on duty.. i therefore conclude that mr. _____'s medical condition was a direct result of the medical care received through the veteran's administration.

[LarryJ]

That, there, is a good one. My opinion: It'll Fly.

[Berta]

How did he receive that medical care from the VA if he was still active duty when the inservice stabbing incident occurred?

I am sure it is possible- I just don't understand how he was treated at a VAMC and not a MASH or base hospital.

I am lost here- hope others chime in.

[LarryJ]

I don't know the answer to that, either, Berta, but I will chip in here with some information (and I have not checked the "up-to-date-ness" of this so if I'm behind the curve, it won't be the first time).

Once upon a time, I wound up horizontal, and under the care of a corpsman, and the nearest military hospital was at Nellis AFB, NV. When I woke up, I did not know whether I was in an AF Hospital or the VA.

Seems it was a "shared facility".

Now, I understand that they have a NEW facility there at Nellis, and the VA is using it as the VAMC for southern Nevada, but I don't know if the AF is still using it, also.

Quess I should find out, huh, in case I ever hit the BIG JACKPOT in Vegas and "stroke-out"! ;)