Quick Question Please

[ShoreT]

If the examining CP MD submits a statement that in his opinion something is “Less likely than not” ref a condition, and on appeal the claimant provides a letter from an outside MD which opines that sometyhing is “More likely than not” what happens? Does the VA melt down? Is the reasonable doubt theory applied? Conceivably the decision could go into infinity… HELP?????

Thanks to all.

[Pete53]

Not a good thing on C&P but technically you are supposed to get benefit of doubt if your Doc is at least equal to the C&P. You need to shore up your claim with good medical information proving it especially linking it to your service.

Good Luck and welcome to Hadit

[Berta]

Right- it is the theory pf Relative Equipoise- meaning as Pete says-the weight of both the for and the against opinions-if equal- give the veteran the Benefit of Doubt and the SC award.

The problem is however that the opining physician's expertise and credentials must match or outweigh the credentials of the VA doctor.(Plus VA owns the scale they weigh on and they kick Blind Justice in the knee to favor their side)

In other words-I got IMOs from a Neurologist and Neuro Radiologist.

That out weighted a VA endocrinologist and a PA's opinion.

If an IMO conforms to the IMO criteria here at hadit,and supports the claim with a full medical rationale,then that can lead to success.

But VA wont accept an IMO say from a Dentist for a knee injury claim and wont accept an IMO from a gynecologist for a cardiac condition.

(although they probably would if it was a VA opinion as these C & P exams are usually geared to denying the claim, in my opinion.)

I sent my IMO docs all SOCS and C & P results along with my medical evidence.That way they could attack a lot of incorrect stuff the VA said.

[Berta]

PS it bears to repeat this---

the BVA ordered a cardio opinion on my claim (they had my 3 IMos and the other VA opinion but still they ordered a cardio opinion)-

and so did I-

I got a PA opinion from VA instead of a real cardio doc opinion which was so bad I knocked the opinion down myself and sent my lay medical statements right to the BVA as soon as I got the C & P results and wrote a rebuttal.

I had already paid for the cardio IMO I ordered but got my award before that opinion was even prepared-I got back part of that IMO fee.

My point is regarding remands - I fully believe vets and widows should try to follow BVA remand instructions themselves.When they can.

Edited October 10, 2011 by Berta

[carlie]

If the examining CP MD submits a statement that in his opinion something is "Less likely than not" ref a condition, and on appeal the claimant provides a letter from an outside MD which opines that sometyhing is "More likely than not" what happens? Does the VA melt down? Is the reasonable doubt theory applied? Conceivably the decision could go into infinity… HELP?????

Thanks to all.

What is the disabling condition ?

[halos2]

I had 2 physicians verifying my conditions personally since 1971, and the VA had a NP...it went to BVA, was remanded back and settled for 100% PT no future exams, however the dale was to only go back a couple of years not the other 5...you have to watch them, they play mind games and basically tell you accept it now, or we will hold you up for years with future exams of OUR choice practitioners. Hadit folks helped me with this decision...I was seriously torn in the other way...so watch out for what games they play, and get what you can with some security award.

Less likely than not is less than 50% chance you will succeed now...