Is This Categorical Dismissal Of Lay Evidence

[mos1833]

below is what i think is a true injustic

this claim is back at the court again after being denied using this as evidence against my claim, i keep asking my self (can they do this)

from what i know and read about lay evidence, this is just wrong,the medical opinions never considered the lay evidence either.

what do you think ?

The mere contentions of the Veteran, no matter how well-meaning, without supporting medical evidence that would etiologically relate his current complaints with an event or incurrence while in service, are not of sufficient probative value to rebut the February 2002, January 2009, and July 2010 medical opinions. Caluza v. Brown, 7 Vet. App. 498 (1995); Lathan v. Brown, 7 Vet. App. 359 (1995); Rabideau v. Derwinski, 2 Vet. App. 141, 144 (1994); King v. Brown, 5 Vet. App. 19 (1993). In this case, there is no evidence that the Veteran, his family, or friend have any medical expertise, or are otherwise qualified to render a medical opinion. Consequently, his statements and the statements of his family and a friend, without some form of objective medical corroboration, are not deemed to be of significant probative value.

[SpcDearman]

Hoppy if you dont mind may I ask a question. i do realize that i too need to secure an IMO for my claim. i am trying to figure out if any orthopedic surgeon can dispute the C&P examiner or do i need to seek an accredited one. i am beginning to start my new medical insurance and would like to know if i have a primary care physician that is a certified ortho surgeon will the VA attempt to debunk his opinion. let me try to be clearer. i know DR.Bash is a great physician but would DR. XYZ from Presbyterian (you have to have one where you live :) )would work. i have to stay in network and I have heard that in network does not supply the more accredited doctors. Thanks for the response. i want all of my ducks in a row this time. i simply filed my claim with no help and then stumbles across hadit. i WILL be prepared for this battle in my long war.

[Hoppy]

It really depends on the doctor. Some doctors take the position that they are in business to treat symptoms. These guys will make up any excuse not to offer an opinion on cause when there is a benefit involved. There are other doctors who for reasons that may be more motivating such as an interest in the law or they were injured in an accident themselves and relish legal disputes. Social security lawyers, Workmans Compensation lawyers and personal injury lawyers establish ties with doctors who are willing to write reports for plaintiffs in a law suit. As I said before, finding a lawyer who went from personal injury or workmans comp to VA claims would likely have doctors in their stable that write plaintiff reports. The problem is that the lawyer needs to understand the VA syatem and the mindset of VA adjudicators.

You might get lucky with a doctor working under medical coverage. They do get involved in legal disputes because the hospital can get paid by an employer for industrial injuries. However, a problem may occur in that your health plan would not allow their doctors to get involved with legal disputes that does not put money in the pocket of the hospital. The doctor could get involved and just do it on his own time. As far as the type of doctor goes, One who can put in the report a reference to studies showing life times of symptoms after injuries or whose clinical experience is very substantial does help. If you follow the IMO protocol shown on hadits website site you will see that they say you need a cirriculum vitae. I have had doctors start the report by explaining how many years they have practiced and how many patients the have followed with similar symptoms.

The best bet is to find a lawyer who will refer you to their doctor. This was the way it worked when I was in a car accident at work and two other industrial injuries that I went through. I have sat in the office of a Social Security attorney who told the doctor word for word what they wanted on the reports. deanbrts VA law firm sent him to their doctors, I just don't think the law firm really understood the VA's rules of evidence and the case was denied until there was a research study that the doctor failed to identify by Title, date, and author in possession of the VA.

[SpcDearman]

It really depends on the doctor. Some doctors take the position that they are in business to treat symptoms. These guys will make up any excuse not to offer an opinion on cause when there is a benefit involved. There are other doctors who for reasons that may be more motivating such as an interest in the law or they were injured in an accident themselves and relish legal disputes. Social security lawyers, Workmans Compensation lawyers and personal injury lawyers establish ties with doctors who are willing to write reports for plaintiffs in a law suit. As I said before, finding a lawyer who went from personal injury or workmans comp to VA claims would likely have doctors in their stable that write plaintiff reports. The problem is that the lawyer needs to understand the VA syatem and the mindset of VA adjudicators.

You might get lucky with a doctor working under medical coverage. They do get involved in legal disputes because the hospital can get paid by an employer for industrial injuries. However, a problem may occur in that your health plan would not allow their doctors to get involved with legal disputes that does not put money in the pocket of the hospital. The doctor could get involved and just do it on his own time. As far as the type of doctor goes, One who can put in the report a reference to studies showing life times of symptoms after injuries or whose clinical experience is very substantial does help. If you follow the IMO protocol shown on hadits website site you will see that they say you need a cirriculum vitae. I have had doctors start the report by explaining how many years they have practiced and how many patients the have followed with similar symptoms.

The best bet is to find a lawyer who will refer you to their doctor. This was the way it worked when I was in a car accident at work and two other industrial injuries that I went through. I have sat in the office of a Social Security attorney who told the doctor word for word what they wanted on the reports. deanbrts VA law firm sent him to their doctors, I just don't think the law firm really understood the VA's rules of evidence and the case was denied until there was a research study that the doctor failed to identify by Title, date, and author in possession of the VA.

I now see why so many people seek your advice. It does appear that i may in fact need to seek an attorney to handle this for me. I understand the cost but i am really starting to think that a regular doctors IMO isnt going to cut it by the Va's "Standard". I want to go the least expensive route but, I see how many people's claims languish for years and I dont want to have go through the same thing.

[mos1833]

heres an update on my claim, a panel decision agreed with the boards decision , so what can i do now.

[mos1833]

is my claim over ? what can i do to get my claim to the federal court,and at the same time file a cue ,or some kinda appeal,where i can show their mistakes.

[mos1833]

is my claim over ? what can i do to get my claim to the federal court,and at the same time file a cue ,or some kinda appeal,where i can show their mistakes.

is my claim over ? what can i do to get my claim to the federal court,and at the same time file a cue ,or some kinda appeal,where i can show their mistakes.