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Medical Studies/Treatise As Evidence revisited


Dustoff 11
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Well after reading hundreds of BVA and Veterans CAVC court decisions plus Federal Appeals Circuit decisions over the past many years since at least 1999 it is clearly evident to me and many others as stated in those public decisions granting veterans their disability benefits appeals that the BVA and courts consider reputable medical studies, research, treatise as reliable probative evidence in granting veterans their appeals and often without a doctor's opinion on the matter of the particular study or treatise.  I will cite just a few of these decisions below after I say this. 

There are jealous hearted dip sticks on another veterans benefits forum (VD*) that are constantly insanely railing against the veterans use of these studies in their claims and appeals as evidence to support their claim with or without a doctors opinion supporting the treatise or study.  For some unexplainable reason these dip sticks heads are exploding over this issue when in fact it is none of their damn business if the veterans enters this information along with other information and evidence with their claims and appeals. 

I suspect that these mostly former military lifers, VA raters, VSO lifers are jealous that many vets are winning their appeals at BVA on same evidence that was denied at the VARO level and are also bypassing the lifer VSO system that has failed me and other vets in the past many years.  I became a successful DIY on my claims and appeals since 1998.  And no dip sticks the veterans name does not have to be mentioned in these medical studies/treatise. 

The dipstick who runs the other forum braggs about banning Hadit Veterans members from his forum and his profile is that of a loser/joker and he is a self confessed weed head. That should tell you something about their forum right there and they sure don't like competition from other forums or they wouldn't be exploding their heads over this issue. One of their moderators who calls himself Mick referred to these reputable medical studies as garbage.  Another responder known as Broken Record called these studies crap.   I suggest they take two aspirin and call me Dr. Dustoff in the morning.

They also rail against veterans using paid for outside doctors opinions to support the vets claims and appeals when in fact Broken Record the VA adjudicators routinely use outside paid for doctors opinions who have never examined the vet or interviewed him/her to render an opinion on the vets disability claim.  What is good for the goose is good for the gander for you  dip sticks.  The lifers also gripe and complain about non lifer vets with VA disabilities are now allowed to shop at onbase military PX and Commissary and to use the base recreational facilities. Here are just two of several Federal Appeals and CAVC court decisions written in plain english agreeing with what I said above.

Federal Appeals Circuit court in Hensley v. West, stated:  "A veteran with a competent medical diagnosis of a current disorder may invoke an accepted medical treatise in order to establish the required nexus; in an appropriate case it should not be necessary to obtain the services of medical personnel to show how the treatise applies to his case."  Hensley, 212 F.3d at 1265 (citing Wallin, supra).  

End of story and my advice to the jokers on the other forum is to get over it and get a  life.
 

Edited by Dustoff 11
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I totally agree.  Some people/VSOs  say the least the better but  Carlie always told me more is better.  If you get your claimed first time around at the RO level great 99% don’t.  You want your  evidence everything from day 1.  

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