Medical Statement vs Medical Opinion

[Lavish]

Can anyone explain the difference between a C&P examiners Medical Statement vs a Medical Opinion? 

I'm reading up on Gulf War Medical Exams.  I had a Gulf War Medical C&P exam in August which lasted 4 hours; this exam consisted of many DBQs, including one for CFS.  Although, I'd already had a C&P exam a few months prior for CFS.   It took 6 weeks for the examiner to get the report to the VBA.  A few days ago, the VBA just requested another C&P exam for the CFS for "rework" and a medical opinion for CFS.   I don't know if I have to attend an exam or if this is something that the C&P examiner is going to do with what's already in the file.  I haven't gotten a call yet from VES and when I called them, they didn't really seem to know if I actually had to go in for another C&P exam or not- just said someone would be contacting me to schedule an appointment (?).  

From what I'm reading in the DMA Gulf War General Medical Examination training Sorting Symptoms Exercise (sharedfedtraining.org), certain conditions require Medical Statements and other require Medical Opinions.   

The training says for CFS, the examiner is required to provide a medical statement but not a nexus medical opinion.   For migraine headaches the examiner is required to provide a Medical Nexus Opinion.  

I'm wondering why the VBA is requesting a medical opinion if they only need a medical statement for the CFS exam report.  From my understating the medical opinion is the one where the examiner has to state the "as least as likely as not" VA language, but I don't know what the VBA wants the examiner to say in a medical statement.  

Does anyone know?

[brokensoldier244th]

Entered Active Duty (EOD)

Released from Active Duty (RAD)

Conditions rptd within a year of release of active duty generally don't need opinions for service connection. It doesn't mean that they are automatically SC, but it does mean that the determination of SC or not is made off the findings of the examiner on the DBQ, along with your service records, your Enlistment physical vs your Discharge physical, stuff like that. 

 

After 1 yr (or, to really muddy it up if you filed an intent to file within 1 yr of RAD you get until 1 yr from THAT where a medical opinion isn't requested by VA) the doctor has to write an opinion with rationale based on your STRs, anything from VAMC, your ENL and DISCH physicals, private records that we have as evidence to submit with your exam request, and send that back to us along with the regular DBQ (disability benefits questionnaire).

 

***EDIT***  Private medical records have to be sent to us, or you have to give us release to request them (and some providers still ignore us, meaning if you want those records as evidence you have to get them anyway. VA also does not pay providers for records- some charge). If we don't know that you get treatment from somewhere, we don't know. A 21-4142/4142a release form is good for 1 yr from when you send it. After that, even if you are still getting treatment from a particular private provider we can't just request more records because we did so "that one time.....". We have to have a new release.

 

Also, 21-4142/4142a were updated recently and the new form date at the bottom says "JULY 2021 ". The forms immediately prior to a form update are good for 1 yr after its updated (the month/yr at the bottom), i.e. your VSO that just scans the same old sheet and emails it to you may or may not be the updated form. Same with whatever you download off the internet from "whereever". Not all those various private sites update their forms, or their information about conditions, contentions, legal stuff, VA regulations changes, etc. 

Basically, kids, what I'm saying is that if you need a form for something- claims, appeals, support of claims, records release, whatever- get it off the VA website (or do a google for the form name or number and it will usually take you there, too) otherwise you and/or your POA run the risk of us sending a form back to you saying "its the wrong form version, the updated form is attached, please complete and return..." . 

 

Example: https://www.veteransdisabilityinfo.com/files/va-form-21-4142.pdf

Still using the form from 2012.

https://formswift.com/free-write/edit.php?documentType=va-form-21-4142-6-2014&ses=75e13d123a06a126751791e8e839db8b&key=197787961

Still using form from 2014. 

 

 

Edited October 21, 2021 by brokensoldier244th

[Lavish]

Thank you