The application of, "as likely as not" itself is not speculation. The " as likely as not" standard equates to the statutory standard of the " approximate balance of positive and negative evidence", accepted by VA. to grant service connection. See 38 U.S.C.A. & 5107 (:D; C.F. R. & 3.102.43.
The preponderance of the evidence supports granting the benefits sought on appeal. At the very least, an approximate balance of a claim, is present to cause a reasonable doubt to exist. Therefore, I point to 38 C.F.R. & 3.102 which provides that when a reasonable doubt exist " regarding service original, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant.".
If this is true and you go to the BVA and are remanded to The Appeals Management Center and you have two C&P's
1. More likely than not service was the origin of her anxiety by Va. PhD. Psychologist.
2. Nothing in service bothered her by a VA Psychiatrist.
3. Buddy letter by witness to all events mentioned in my claim
4. 3 letters by my pastor before and after service, that I did not have anxiety before service.
5. Letter by my Board Certified Internist of 29 years, that in his opinion with reading my military records and all private medical records from 1965 to date, my anxiety began in service
6. Letter from a friend that has known me since I was 8 years of age. The before and after service again with no signs of nervousness or anxiety until after service and no medication, until after service.
7. Letter by my treating physician in service to explain that his wording of " vascular versus tension headaches, was a concept and that the cafergot was for a headache and that the librium was for my nerves.
8. Clinical report by Military Psychiatrist Jones for mild nervesness, headaches and irrability.
9. Clinical by Board Psychiatrist recommending an early discharge due to same.
10. Letter by husband, and two daughters.
Where does the preponderance of the evidence lie?
Why would The Management Center say to me on the telephone, it appears that I will be going for another C&P examination?
Does the Preponderance of the evidence deal with the Credentials of the two have a Greater Baring on the Decision?
Actually the PHD Psychologist was a great deal more on the ball than ever the Psychiatrist.
Question
Josephine
The application of, "as likely as not" itself is not speculation. The " as likely as not" standard equates to the statutory standard of the " approximate balance of positive and negative evidence", accepted by VA. to grant service connection. See 38 U.S.C.A. & 5107 (:D; C.F. R. & 3.102.43.
The preponderance of the evidence supports granting the benefits sought on appeal. At the very least, an approximate balance of a claim, is present to cause a reasonable doubt to exist. Therefore, I point to 38 C.F.R. & 3.102 which provides that when a reasonable doubt exist " regarding service original, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant.".
If this is true and you go to the BVA and are remanded to The Appeals Management Center and you have two C&P's
1. More likely than not service was the origin of her anxiety by Va. PhD. Psychologist.
2. Nothing in service bothered her by a VA Psychiatrist.
3. Buddy letter by witness to all events mentioned in my claim
4. 3 letters by my pastor before and after service, that I did not have anxiety before service.
5. Letter by my Board Certified Internist of 29 years, that in his opinion with reading my military records and all private medical records from 1965 to date, my anxiety began in service
6. Letter from a friend that has known me since I was 8 years of age. The before and after service again with no signs of nervousness or anxiety until after service and no medication, until after service.
7. Letter by my treating physician in service to explain that his wording of " vascular versus tension headaches, was a concept and that the cafergot was for a headache and that the librium was for my nerves.
8. Clinical report by Military Psychiatrist Jones for mild nervesness, headaches and irrability.
9. Clinical by Board Psychiatrist recommending an early discharge due to same.
10. Letter by husband, and two daughters.
Where does the preponderance of the evidence lie?
Why would The Management Center say to me on the telephone, it appears that I will be going for another C&P examination?
Does the Preponderance of the evidence deal with the Credentials of the two have a Greater Baring on the Decision?
Actually the PHD Psychologist was a great deal more on the ball than ever the Psychiatrist.
Josephine
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