Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
ShoreT

Quick Question Please

Question

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.

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

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

Share this post


Link to post
Share on other sites

Ad

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.

Share this post


Link to post
Share on other sites

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 by Berta

Share this post


Link to post
Share on other sites

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 ?

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×

Important Information

{terms] and Guidelines