Presumption of soundness

[tylerb333]

Can I site law in a letter submitted as evidence?

The veteran was diagnosed with PTSD in prior C&P exams, the 
       diagnosis has
       been carried forward by treatment providers, and by his 
       report continues
       with sufficient symptoms for the diagnosis.  Thus the 
       diagnosis of PTSD
       continues, as likely as not due to events in military 
       service.  Antisocial
       personality disorder was present well before military 
       service, so it is
       less likely as not caused by military events, and there is no 
       evidence
       that this disorder was exaggerated by military events.  Also, 
       alcohol and
       illicit drug use clearly was  present prior to enrollment in 
       military, so
       it is less likely as not caused by military service.  There 
       is no evidence
       that the veteran's substance use was due to events in 
       military service nor
       has it progressed beyond the normal course for this disorder.  
       Put another
       way, even if the military event had not occurred it is likely 
       that the
       resulting pattern of substance use would have been present.  
       Moreover,
       while there is some equivalence in the literature about the 
       direction of
       causality when both mental disorder and substance use are 
       present, DSM 5
       does not acknowledge any substance use disorder as "due to 
       mental
       illness," yet there are numerous "substance-induced" mental 
       disorders.

LAW: pay attention to examples not to use....and c an p doc uses likely, less likely as not....

[broncovet]

Yes, you can "cite" regulations to support your position from a letter you got from VARO.