Can I site law in a letter submitted as evidence?
The veteran was diagnosed with PTSD in prior C&P exams, the
been carried forward by treatment providers, and by his
with sufficient symptoms for the diagnosis. Thus the
diagnosis of PTSD
continues, as likely as not due to events in military
personality disorder was present well before military
service, so it is
less likely as not caused by military events, and there is no
that this disorder was exaggerated by military events. Also,
illicit drug use clearly was present prior to enrollment in
it is less likely as not caused by military service. There
is no evidence
that the veteran’s substance use was due to events in
military service nor
has it progressed beyond the normal course for this disorder.
way, even if the military event had not occurred it is likely
resulting pattern of substance use would have been present.
while there is some equivalence in the literature about the
causality when both mental disorder and substance use are
present, DSM 5
does not acknowledge any substance use disorder as “due to
illness,” yet there are numerous “substance-induced” mental
LAW: pay attention to examples not to use….and c an p doc uses likely, less likely as not….