Evedence For Disability Claim

[randylan2]

I KNOW SOMEONE MIGHT HAVE A BETTER UNDERSTANDING OF THE V A REGS ON ONE DOCTOR REPORT VS ANOTHER

I AM CURRENTLY SERVICE CONNECTED FOR BILATERAL TINNITUS. BACKGROUND:

ACTIVE DUTY 1990 -RINGING IN EARS DOCUMENTED ON ACTIVE DUTY

2001- VETERANS PRIVATE DOC TREATS VET FOR RINGING IN EARS

2002-VETERAN FILES CLAIM FOR HEARING LOSS AND RINGING IN THE EARS FROM ACTIVE DUTY NOISE EXPOSURE

2002- VETERAN AWARDED SC FOR TINNITUS, CAUSED BY MILITARY NOISE EXPOSURE

2008- VETERAN LOST HEARING IN RIGHT EAR AND TINNITUS GETS WORSE ALONG WITH LEFT EAR HEARING LOSS

2008- VETERAN CLAIMS SECONDARY HEARING LOSS AND MANIERES DISEASE FROM SC TINNITUS

2009- INDEPENDANT MEDICAL OPINION - REPORTS VETERANS HEARING LOSS AND MENIRES CAUSED BY SC NOISE EXPOSURE

NEG OPINIONS

VETERAN AFFAIRS SENDS FILE TO DR AND THE DOCTOR REPORTED ALL HEARING LOSS IS SPONTANIOUS EVENT AND NOT SERVICE CONNECTED

VETERANS AFFAIRS AUDIOLOGIST REPORTS HEARING LOSS IS A TYPICAL, NOT RELATED TO SERVICE

POS EVEDENCE IN SUPPORT OF CLAIM

2009-IMO DR REPORTS HEARING LOSS MENIERES IS SC NOISE EXPOSURE FROM THE PAST

2009-2013 VETERAN IS TREATED BY PRIVATE ENT DOCTOR, THAT REPORTS THE HISTORY STARTING IN 1990 AND FOWARD SOUNDS CONSISTANT WITH MENIERES DISEASE.

DR ALSO REPORTS IT IS MUCH MORE LIKELY THE LEFT EAR HEARING LOSS AND TINNITUS IS SERVICE CONNECTED

AND THE RIGHT EAR MENIERES STABLE

2009 C@P EXAM DR REPORTS VETERANS MEDICAL FILES SHOW VETERAN HAS LONG TERM MILD HEARING LOSS SHOWN FROM PAST AUDIO EXAMS

QUESTION IS, DOES THE RATER ONLY COUNT THE V A EVEDENCE OR DOES ONE REPORT OVERRIDE THE OTHER?

FAR AS I KNOW V A ONLY HAS 2 REPORTS FOR EVEDENCE TO DENY BENEFITS

WOULD SYMPTOTOLOGY OF SYMPTOMS ALONG WITH THE LAY STATEMENTS WORK FOR THE NEXUS ?

WOULD REASONABLE DOUBT RULE APPLY TO THIS CLAIM?

VA REGIONAL OFFICE DENIED CLAIM

2013- BVA REMANDS FILE DUE TO THE V A DOCTORS SPONTANIOUS EVENT OPENION WAS NOT EXPLAINED.

AMC LETTER TELLS ME I CAN SEND ANY OTHER EVEDENCE AND THEY SENT FILES BACK TO THAT V A DOC TO WRITE EXPANATION OF HIS DIAGNOSES

I WOULD THINK MY PRIVATE ENT DOCTOR WOULD HOLD UP MORE WEIGHT WITH ISSUES OF SYMPTOMS FOR MENIERES DISEASE AND BILATERAL HF

HEARING LOSS. REPORTED.

AMC WILL PUT FILE TOGEATHER AND RATE CLAIM.......

DOES THIS EVEDENCE OF THE VETERAN HAVE A CHANCE ?

ANY SUGGESTIONS ?

YOU CAN ALSO EMAIL

randylan2@hotmail.com,

CLAIM IS NOW 5 YEARS OLD

Edited October 20, 2013 by randylan2

[63SIERRA]

THE MERE NOTING OF A CONDITION WHILE IN SERVICE HAS BEEN HELD TO CONSTITUTE PROOF OF SYMPTOMS.

SYMPTOMS, NOT TREATMENT ARE THE ESSENCE OF CONTINUITY OF A DISABILITY

[free_spirit_etc]

Did you say something?

[free_spirit_etc]

"THIS REGULATION ABOUT ONE MEDICAL REPORTS OUT WEIGHTS ANOTHER REPORT

IS VERY CONFUSSING. ANYONE HAVE KNOWLEDGE OF THAT RULE?"

randylan2,

It isn't so much that there is a rule where one medical report outweighs the other one, as that the VA gets to decide whether they consider a report to be probative. If they consider the evidence in favor of granting to be greater than the evidence against granting, the veteran wins. If they consider the evidence to be equally balanced, the veteran gets the benefit of the doubt. If they consider the evidence against the claim to be greater, the veteran is denied.

Would it be possible for you to post:

1. Your IMO from your doctor.

2. The opinion from the VA examiner.

3. The last Statement of Case you received.

4. The BVA decision (that includes the remand).

If you scan them - be sure to remove personal information.

The BVA decision should tell you a lot about what they took into consideration. Did they give any reason they did not consider the private doctor's opinion probative enough to grant the claim? What did they say about his opinion?

The denials and remands often give you the keys to winning - once you are able to show them what they say wasn't shown.

Edited October 21, 2013 by free_spirit_etc

[Shyne-I]

63Sierra....Oh how I wish that was all it took!! I have had the same symptoms continually from time of service thru these 19 years; and continuity of symptomology has been the cruxes of my claim but it's the "VA-ness" that has led me to have to obtain an IMO and all other sorts of medical research to support my claim for Fibromyalgia!!

Shyne-I

[free_spirit_etc]

"THE MERE NOTING OF A CONDITION WHILE IN SERVICE HAS BEEN HELD TO CONSTITUTE PROOF OF SYMPTOMS. SYMPTOMS, NOT TREATMENT ARE THE ESSENCE OF CONTINUITY OF A DISABILITY"

While that can sometimes be the case, do not count on it to win the claim. It is generally only once piece of the puzzle.

[Berta]

You have asked about one opinion weighed against another....Benefit of Doubt.

If the vet has a strong IMO for the claim (prepared with regard to the IMO criteria here in our IMO forum) and a VA opinion against the claim, then Relative Equipoise (the Benefit of Doubt should kick in and the VA should award the claim.

Free spirit asked you for exactly what info we need to see.......

The VA is supposed to apply Fast Letter 10-35 to these types of claims.

We cant tell if they did.

"2013- BVA REMANDS FILE DUE TO THE V A DOCTORS SPONTANIOUS EVENT OPENION WAS NOT EXPLAINED.

AMC LETTER TELLS ME I CAN SEND ANY OTHER EVEDENCE AND THEY SENT FILES BACK TO THAT V A DOC TO WRITE EXPANATION OF HIS DIAGNOSES

I WOULD THINK MY PRIVATE ENT DOCTOR WOULD HOLD UP MORE WEIGHT WITH ISSUES OF SYMPTOMS FOR MENIERES DISEASE AND BILATERAL HF

HEARING LOSS. REPORTED."

Yes if he followed the IMO criteria here in our IMO forum.

I sure hope he referred to your SMRs and/or your MOS in his opinion.

I had 3 IMOs when the BVA remanded my AO DMII death claim for an additional opinion from a cardiologist.

I jumped for joy because I knew a real cardio doc would support the claim.

I jumped too soon, I found out a local PA from the Bath NY VAMC was doing the opinion.

Then I jumped the gun too soon again and requested a cardio forensic IMO.

BVA had 2 endocrinologist opinions my IMO doc knocked down but my VARO refused to read those opinions. I knocked down the PA opinion as it was too speculative, when in fact the evidence was clearly probative and the remand had requested a cardio opinion, not one from a PA.

I awaited the forensic cardio IMO I had paid for ,so I could send it to the BVA right away and suddenly found a BVA envelope in my mail box.

The BVA had agreed the PA opinion was too speculative and that my 3 IMOs outweighed their C & P examiners reports.

I called the Cardio forensic people right away and my IMO had not been prepared yet but they refunded me about a thousand of the IMO fee I had paid, which was more then fair of them.

The BVA often orders additional C & P exams. After they get those results, that is when they weigh all of the evidence.

I was thinkling for some reason in those days, that the BVA was on a 'fishing expedidition' what we hardcore advocates and claimants used to call the BVA tactics prior to the VCAA.

But they were not doing that. Even if the PA opinion somehow had gone against my claim with a strong medical rationale , it was still 3 IMOs for and 3 against. BVA said y claim was 'at least in relative equipoise/ meaning benefit of doubt was rendered in my favor.

We have discussed Benefit of Doubt (Relative Equipoise here many times, even recently.Those posts can be searched here for.

If you give us the BVA Citation and Docket number we can pull up that link right away.....

As free spirit said, those BVA remands often hold keys to success.......

If one is on remand and they have additional evidence, I advise to send copy to their VARO but more importantly directly to the BVA and then after a week or so call or email the BVA Ombudsman to make sure the BVA has received it.