What To Do?

[rdnkjeeper]

I have had an appeal in for over 2 years now. I have a new DAV rep and he said that my appeal is weak. Two C&Ps and one says I am ok, but the other clearly states that I fall into the 40% bracket. The one that says I fall in the 40% bracket was the latest one and done by the head of the C&P department. My first C&P was done by someone that was NOT local and had a lot of complaints against him. (I was not one of them) My rep said that I should get my doctors to write a letter stating that they agree with this latest C&P. Now here is the real kick in the ass......NONE of them will write one. I get ALL my care at the VA. Any advice, all the wise ones here have for me?

Thanks

[carlie]

I would also point out there are regulations in your favor.

That is, when there is conflicting medical opinions, the VA is supposed to use the one "most favorable" to the Veteran.

bronco,

Do you have a CFR reg to back this up or have you just decided to write your own regs and provide inaccurate information ?

ALSO

"Further, if there is one favorable, and two non favorable" - - - the decision maker (or a DRO) are the only people with the

authority to assign weight to the evidence of record.

When there is one favorable and two non favorable opinions the decision maker (or a DRO), are to weigh the credible and

probative value of them all and assign the weight accordingly. If the weight is tied, for and against the claim, the benefit

of the doubt is to be applied.

FYI - for anyone reading what I've posted above - none of this applies to a CUE claim.

jmho.

[rdnkjeeper]

I'd be interested in the documentation also. Anything that I can use to win this thing would be a great help. Trying to find a Doctor in my area for an IMO right now.

[jbasser]

I think he is talking about this subject:

§ 3.102 Reasonable doubt.

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It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. It is not a means of reconciling actual conflict or a contradiction in the evidence. Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire, complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships