Appealing A Denial Least As Likely As Not

[KDM]

I have evidence to support my claim from the VA my two doctors who treated me for several years and the CNP doctor who saw me in 2012 AND WROTE IT IS AT least as likely as not that my primary condition has a nexus to my secondary condition and the Claims board denied based on one doctor who did a CNP on me and 2009 and basicaly said I was a liar, please help me least likely as not should go in my favor i am waiting on the DRO now then if that does not work i will appeal it further.

[Slowlane]

KDM Think you left out a lot of large parts for me to understand your appeal. At least as likely as not is helpful unless the Va has a 800 pound elephant in the room that supports a denial without question. You got the right plan, appeal it further if you know you are right.

[broncovet]

KDM

The VA regurarly denies even when the evidence supports approval. Like yourself, the VA denied me even when the audiologist opined that my hearing loss was "at least as likely as not" due to military service.

The VA said because a long period of time had elapsed since service it was denied. However, when you check the criteria, "time since military service" is NOT one of the critera!

VA regs require they rate you on the published criteria. They can not rate you based on the color of your hair, how bad you smell after eating catfish, or any other criteria other than that which is published.

You should bring this up at appeal and you should prevail.

[Berta]

Can you scan and attach here (cover the personal stuff like name, C file number etc)

the VA's reasons and Bases for the denial?

Can you also scan and include the Evidence list they used?

"IT IS AT least as likely as not that my primary condition has a nexus to my secondary condition"

What is your established Primary SC condition (I assume that is the 30% SC you get now)?

What medical rationale did this doctor give to support that the Primary condition has a Nexus to the Secondary condition.

That statement alone, even if it came from Johns Hopkins doctors ,the US Surgeon General, or the Mayo Clinic, has no value.

Edited April 5, 2013 by Berta

[deanbrt]

I don't understand a trying to connect a primary to a an already approved secondary for something else. I had an "at least likely as not" denied, also, but it was for extra scheduler. The key is to keep appealing. I won in the end.