New Exam Scheduled For Deferred Claim

[HONDOII]

So I just received word that I'll be receiving a new exam for a claim I had for bilateral shin splints which was deferred.  It was deferred due to inadequate objective medical evidence.  However, the C&P exam was positive in that the examiner stated it was as least as likely as not a result of military service.  I guess the VA rater just never received clarification from the examiner.  Currently I have STRs for shin splints, that positive C&P nexus and a current diagnosis of bilateral shin splints from my private medical doctor.

The question is, if I receive a negative result from this upcoming C&P, will it trump my previous exam and evidence or would this be an example of "benefit of a doubt?"

Edited July 15, 2019 by Mrpdbo

[broncovet]

If there are 2 conflicting medical opinions the BVA can select one opinion over another, but must give a reason for doing so.  

Example:   "While the Veteran has 2 medical exams with conflicting opinions regarding the etiology of his condition, we found examiner number 2 more probative as that exam was more thorough, the examiner stating that he reviewed the Veterans records, while examiner one did not.  Therefore, we consider exam number 2 more probative blah, blah. "

     The Board can select one examiner opinon over another as one examiner may have more experience with you, for example.  He may have seen you twice a year for 10 years, so he would know more about your medical history than an examiner who just met you 15 minutes ago.  

     The Board can also select a specialists opinion over a non specialist.  For example, if a sleep doc offered an opinion and your prime care doc (not a sleep doc), the BVA can use the specialists opinion as more probative, again, as long as they give their reasons for doing so.  

      But, yes, 2 relatively equal c and p exams should put the claim in equipose and the BOD should go to the Vet.  

       The exams are rarely equal tho.  One examiner may give a medical rationale as to why he made such an opinion, another doc may just make his opinion without a medical rationale.  

[HONDOII]

Thanks, @broncovet

I suppose I am jumping the gun and expecting the worst.  Is it inappropriate to discuss the fact that I already had a positive exam with the new C&P examiner? I'm assuming that they'd be aware of the previous exam already being conducted and would have been able to review it.  Feeling like that could easily be misconstrued.