CUE (NO WAY!)

[FaithIsAChoice]

Hello Everyone:

I found this site a few months ago and have been reading.  I finally bit the bullet to sign on.

I would like to ask @Berta and @broncovet if VARO from the VA Regional Office could give medical opinions in the decision letters?

 

I received a decision letter that specifically stated, "The Veteran's private medical records from Dr. (name) shows a diagnosis of (disability) dated (date) "Therefore, it is the opinion of this reviewer that the Veterans (disability) is less likely than not (less than 50% probability) incurred in or caused by the injury or complaints during the service."

The nexus from the Dr. was more than likely.

Please I would appreciate any help with understanding this from the VARO stating the medical opinion.

Thank you in advance!

[sixthscents]

FAith the VARO is following M21-1 and CFR 38. They cannot give medical opinions what they can do is weigh and make a judgement upon the evidence which is presented. Now what was the date the doctor gave for onset of illness and was this more than 12 months after active service? The phisician can opine but the raters weigh that opinion and then make a judgement. You can appeal that judgement and hopefully have since the 12 month clock started ticking when you recieved the dated decision.

Sixth

[sixthscents]

Also HELLO BERTA!!! Yeah I'm back baby!!! WOOT.

Sorry but I get all excited these days. Yeah doing better and thought it time to return hopefully for at least a few years (God willing). I am also waiting for the whole claims agent exam approval. That I dont expect to see anytime soon since they appear to be way backed up.

Anyway give me a yell on direct message or a phone call (I have a different #... I'll pass it on in DM if you want)....

Good to hear about the CUE info though. I will certainly take note of it. 

Bob/Sixthscents

[Berta]

Yes the Office of General Counsel VA is quite backlogged due the Covid situation.

They could not even accept snail mail issues, and I had to send them faxes with pdfs in them for an issue I have there.

Unfortunately the OGC has not been able to even provide any 2020 Precedent decisions either and only were able to post two Prec Ops in 2019.

I like the OGC- they can READ.

Sorry-I do not give out my contact info . Everything I now about VA claims etc is here at hadit and if I learn something new I post it in the proper forum.

[Buck52]

I just sent my R.O. my New  Change of Address and sent it with certified return receipt.

That was Dec / 15/ 2020 I also requested a confirmation.

I have not got back anything from them as of this date 1/6/21.

I'll save my receipt from this New Post Office I sent it from.

 

Not sure my R.O. is even open?

[Buck52]

On 3/12/2020 at 7:54 PM, FaithIsAChoice said:

Hello Everyone:

I found this site a few months ago and have been reading.  I finally bit the bullet to sign on.

I would like to ask @Berta and @broncovet if VARO from the VA Regional Office could give medical opinions in the decision letters?

 

I received a decision letter that specifically stated, "The Veteran's private medical records from Dr. (name) shows a diagnosis of (disability) dated (date) "Therefore, it is the opinion of this reviewer that the Veterans (disability) is less likely than not (less than 50% probability) incurred in or caused by the injury or complaints during the service."

The nexus from the Dr. was more than likely.

Please I would appreciate any help with understanding this from the VARO stating the medical opinion.

Thank you in advance!

I would look at 38 CFR 3.102   Resonable Doubt

I would think this is what is called Relative Equipoise 

USDVA Relative equipoise definition

An equivalence in evidence - the evidence is a 50/50 tie with favor going to the Veteran.

Example: If one negative medical opinion is a matter of record it would be the Veteran's responsibility to obtain a separate medical opinion supporting the service-connected claim to create equality in the evidence.

 

 

[Buck52]

You may need to check the ''date''This Reviewer has mention

''The Veteran's private medical records from Dr. (name) shows a diagnosis of (disability) dated (date)  (what is the date in question?)