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"is Due To", "more Likely Than Not", "at Least As Likely As Not" What Do These Mean?


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#1 Tbird

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Posted 15 December 2010 - 03:45 AM

"is due to" (100% sure)
"more likely than not" (greater than 50%)
"at least as likely as not" (equal to or greater than 50%)
"not at least as likely as not" (less than 50%)
"is not due to" (0%)

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#2 JHawks

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Posted 15 December 2010 - 08:16 AM

I recently had a C&P where the examiner stated "is as likely as not 50/50"

What would the RO rater do with that?

#3 cooter

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Posted 15 December 2010 - 06:51 PM

That would be a good plus with all the other evidence you have for your claim. Especially, when the rater see's that the examiner is one of thier own Dr.
Good Luck JHawks!


#4 acesup

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Posted 15 December 2010 - 10:52 PM

This is some great info, thanks for posting it.

The phrase that bothers me, and doesn't really seem to get enough attention, is that crap about "unable to opine without resorting to mere speculation". From what I'm gathering, that is a below-the-belt way for a sneaky C&P nurse to basically try and taint any opinions you have from actual medical professionals (not N.P. doctor wannabes). They seem to be trying to use it in the context that not just they, but any medical person could not offer an opinion in your favor based on any medical or historical facts.

Is there any official VA information on that "mere speculation" copout phrase?

Further, and even more exasperating, on my C&P report the N.P. uses the "mere speculation" statement for a number of conditions I am claiming, then each time she proceeds to give an opinion anyhow, just a negative one. So in fact, she is admitting she can't give a valid opinion, but she turns around and tries to shoot me down. Why should her "mere speculation" carry any probative weight whatsoever? At the point where a C&P N.P. says they can't give an opinion, the VA should tell them to just shut the heck up.

I have some great nexus letters from actual doctors. I hope they will be given more value than the rantings of a second-rate digital rectal examiner who hasn't enough confidence in her knowledge to actually offer a true opinion.

JHawks, everything I've seen tells me that when a C&P examiner gives you the "at least as likely as not" opinion, you're probably very likely to see SC for that condition. Best of luck!

#5 Vync

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Posted 16 December 2010 - 08:08 AM

acesup,
In my opinion, "unable to opine without resorting to mere speculation" is inserted by the examiner so they do not have to spend any more time on your case. Instead, they go to lunch, leave for the day, or whatever. In the case of your NP, they probably were heading to the movies.

Your right about probative weight. The RO swears up and down by having the correct jargon (per T-bird's first post). They will not accept a private opinion labeled 'probably", which in all right should mean 50/50 and they treat it negatively. Regarding "mere speculation", should it also mean 50/50? I had one claim where I was given "mere speculation", but the RO awarded SC based on relative equipoise and a lot of supporting evidence.

#6 carlie

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Posted 16 December 2010 - 11:52 AM

Further, and even more exasperating, on my C&P report the N.P. uses the "mere speculation" statement for a number of conditions I am claiming, then each time she proceeds to give an opinion anyhow, just a negative one. So in fact, she is admitting she can't give a valid opinion, but she turns around and tries to shoot me down. Why should her "mere speculation" carry any probative weight whatsoever? At the point where a C&P N.P. says they can't give an opinion, the VA should tell them to just shut the heck up.

I have some great nexus letters from actual doctors. I hope they will be given more value than the rantings of a second-rate digital rectal examiner who hasn't enough confidence in her knowledge to actually offer a true opinion.


acesup,

The C&P report by the N.P., will more likely than not be signed off on
by a MD.

When the decision maker applies weight to the evidence, hopefully they will pay attention
to the "great nexus letters from actual doctors" realize this puts the medical evidence in
relative equipoise and apply the BOD, in your favor.




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