Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Md Statements: Opinions

Rate this question


Guest jstacy

Question

Guest jstacy

I have been reading the board and have come across the following.

You have a MD statement that says it is at least as likely as not, is most likely, was due to.

I received a SC for a least as likely as not ( 50 percent sure)

I have 2 C@P opinion from MD not NP that state most likely. (75 percent)

I have 1 from same doctor that says was due to. (100 percent)

I have no decision because this has been going from the rating team to the development team back and forth. I feel confident I am going to win, But they are really messing with these claims.

Has anyone ever been denied and had a MD statement at the least as likely and and over opinion?

Edited by jstacy
Link to comment
Share on other sites

  • Answers 27
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

Those statements of degree of certainty are used by the VA in the Adjudication process. I have seen an instance where a Nures Paractitioner issued an opinion , but a MD over ruled it. They are supposed to follow the advice of a good opinion but they always try to find a negative opinion to shoot down a claim.

Edited by jstacy
Link to comment
Share on other sites

You mean that you can be DENIED a claim with an IMO of #2, "more likely than not" ?

**************************************************

1. "is due to" (100% sure)

2. "more likely than not" (greater than 50%)

3. "at least as likely as not" (equal to or greater than 50%)

4. "not at least as likely as not" (less than 50%)

5. "is not due to" (0%)

**************************************************

What are the essential items of a good IMO?

* PERSONAL DATA

* MEDICAL DIAGNOSIS (specific by title of disease/condition)

* MEDICAL PROGNOSIS (future outlook, permanent, no chance of improvement)

* RATIONALE FOR OPINION (nexus)

On Dr. Bash's web site, he has a sample Letter of Disagreement with VA Medical Evaluations (C&P). Dr. Bash used, "it is my opinion that this patient does have XXX". Also, he says, "it is my opinion that this patient’s XXXXXs are all likely XXXXXX."

Must the IMO state "it is my opinion that Mr. YYYYY's XXXX is due to ZZZZZ ?"

Comments, please? :rolleyes:

Yes! I was denied for more likely than not. They chose to give the other opinion more credibility. The opinion for more likely than not was from the specialist who treats this condition,

Link to comment
Share on other sites

VIKE In my example below, the IMO was two pages. It included the doctor's creds, my hospital trip, the symptoms recorded by the hospital, statements about my treatment under him (to rule out doctor shopping) a couple of entries about current medical acceptance that the symptoms were indicative of stroke, the association between dmii, hypertension and stroke then what his opinion was based upon - his personal review of the MRI films, my verified symptoms -

What else could they want- they had his experience as a neuro guy, association between stroke, dmii and hypertension, established treatment between patient and doctor and his opinion based upon his experience, personal review of related medical records and current treatment of my symptoms.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use