Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

less likely than not

Rate this question


dvikings

Question

Good morning all.

 

I had a friend who had his C@P exam last week. He had  a nexus letter from his specialty doctor stating his condition suggests that his condition happened during military service.

After checking his DBQ, the VA doctor noted the doctor NEXUS letter however, she opined that the condition was less likely than not that veterans condition occurred during military service.

Any chance the nexus letter carries more weight than the VA exam with the raters.

Link to comment
Share on other sites

Recommended Posts

  • 0

Thanks Berta

 

How the heck can the VA doc  say the SA was not found to be SSed if they didn't even have the STRs? Good question. He requested them for 2 years and the Hawaii VA state office asked for them as well and they could not be found.

Does he have other claims pending? Yes, he has a General appointment with the same doctor for Respiratory disorders (paralyzed diaphragm), Insomnia and Joint Pain and fatigue. Should he challenge the doctor on the above question since his  specialty doctor is a military doctor at Tripler Army med center and stated that in the 90's there was no testing for sleep apnea being done as prevalent as it is done now.

Is this is first claim? Yes

Has he tried to get his STRs himself at www.nara.gov yes. last 2 years. Yes. Also the VA Hawaii state advocate office did with no luck.

Link to comment
Share on other sites

  • 0

He should challenge the VA ,not the doctor. They have an enhanced Duty to Assist when STRs cannot be located.

But still an 'enhanced DTA' is really just lip service to the VA.

He is going to need those buddy statements for the SA claim. Is State of Hawaii still on his POA?

The other contentions are very vague. What inservice event, chemical exposure, environmental hazard etc etc does he feel might have caused

these conditions?

 

 

 

 

Link to comment
Share on other sites

  • 0

He was in desert storm. He received 2 letters from the Dept of def in 1997 and 2000 stating that several incidents occurred during his time there. 2 were possible chemical incidents. They concluded that they couldn't determine if they did or did not happen. He was also a diesel mechanic when he was in.

Thanks for all your help.

Link to comment
Share on other sites

  • 0

Well, He is still waiting. (gathering ev).

1 1st doctor= suggest that it is service connected. Military doctor

2 2nd doctor= less likely than not. VA C AND P EXAM.

3 3rd doctor= at least as likely as not. VA MENTAL HEATH.C AND P EXAM.

rater then sends back for another opinion.

4 4th doctor=opines that doctors 1 and 3 are speculating base on no records and no basis for opinion and currently remains in gathering evidence stage for six weeks. Anybody have any thoughts? 

 

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use