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

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Where can I find instructions for Physicians doing C&P exams, like benefit of the doubt or finding service connectedness

Rate this question


Otrgypsy

Question

I am in the 8th year of a very legit toxic claim. Exposures admitted. Finally more exams are coming. I would like to find the instructions given to doctors doing such exams. I hope there are instructions like "if the diagnosis is recognized by a respected minority of physicians you can't  disallow just because you disagree" (standard rule in medical litigation) also instructions with how they are to deal with benefit of doubt re: occurrence etc. I can't find on Internet.

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0
  • Moderator

Welcome to hadit.  

If you are in the 8th year of your claim, then I assume you are in some part of the appeals process. BVA, CAVC, HLR, SCL, etc.  

This means you were likely denied.  

There are at least 4 ways to get SC:

1.  Direct.  You need all 3 caluza elements, of current diagnosis, in service event or aggravation, and nexus (doc opinion your condition is at least as likely as not a result of in service exposure).  

2.  Presumptive.  If your condition is "on the presumptive list" the Va should have presumed it and awarded it.  My advice is to check to see if its a presumptive, the VA does not catch this every time, but it should make things easier if its on the presumptive list.  For example:

https://cck-law.com/blog/new-agent-orange-presumptive-conditions-2021/

3.  Secondary to an already sc condition.  This would also require a diagnosis and a doc opinion your condition is at least as likely as not related to your already sc condition.  

4.  1151.  This means the VA doc caused you one or more illnesses/conditions, such as leaving a pair of scissors inside you after a surgery.  

      You are probably gonna need to submit "new evidence" to win your claim.  An exception to this would be if VA top sheeted you and never read it and just denied you to get you out of their hair and meet their quota.  

       If your condition is not on one of the presumptive lists, then you will likely need the caluza elements explained above. In short, no nexus, no benefits.  Unless you already have a nexus, you may need an IMO/IME doc opinion that your (conditon) is at least as likely as not related to toxic exposure from the military.  As you pointed out, you have to show exposure to these toxins.  

Edited by broncovet
Link to comment
Share on other sites

  • 0

At your other post under a different topic, I just posted a BVA remand for a toxin claim.

It  contains what the remand calls for as to  C & P exams.

It is here:

https://community.hadit.com/topic/83940-can-the-va-claims-handlers-throw-out-a-cp-report-when-they-are-shown-it-is-so-false-as-to-possibly-be-fraudulent/

 

 

 

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