Summary so far

From: Posted by NOD
Category: What to do when filing a claim
Date: 09/08/08
Comments

So, to summarize, you want the gold standard. Most likely is going to put the chicken in the pot. More Likely Than Not is good, but not great. the More Likely Than Less Likely is useable, the At Least As Likely As Not will get you there and most have been won with the evidence in equipoise( evidence in favor balanced by evidence against), as measured by the yardstick of the VA. I have read decisions where the Vet had a MLTN and the BVA said it was in equipoise. The guy won and he had no black marks on his record. Go figure. These different degrees of nexus can become very important . If you have the equipoise version, the VA may get one of their examiners to opine that MLTLL that it isn’t SC. So they win because 60% against is bigger than 50-50. Or, let’s say you’ve got MLTLL and they don’t like the fact that you had a little drug hanky panky and ended up at the Long Binh Stockade for an all expenses paid month long vacation. They run out and get the “Liver Specialist” from Syracuse VAMC to say “its unlikely (20%)the hep was incurred in service”. Bingo. You’re down the tubes. Keep in mind that they go out and get their expert AFTER you have submitted all your evidence. You won’t have an opportunity for rebuttal until you get to the appeal. What you need is more than one nexus when they are “iffy” . Two ALLNs will beat a LLTML. See where this is going? Now, if you arrive with 4 of a kind(ML), they won’t even mount an offense. however if you’re sitting on 2 pair and bluffing with an internet article and a picture of some guys in underwear waiting for a date w/ a jet gun, that emboldens the VA to see you and raise with another Hexpert. The moral of this story is simple: Always bring a gun to the rocks ,paper, scissors game. Better yet, a hand grenade. You’ll always walk away a winner.. There’s no law that prevents you from bringing more than one nexus to the decision making process. The VA has so many copies of that jet gun pic. they could paper the White House with it. They have enough newsprint to start the NY Times. At the end of the day the poker game will be won or lost with the nexus, not the newspaper. Any medical evidence you submit must apply to you, personally, not a class action group. BVA nods sagely and pretends to weigh the internet stuff but that’s just for show. If everyone in the Mormon Tabernacle Choir came down with the flu because they got a flu shot with the same jet gun, it would not advance your theory one bit that you got the flu from a jet gun ,too. You just have to trust me on this one .I can’t make this any more elementary. I assume most vets are educated so I won’t dwell on the subject. If you need help getting a nexus, contact HCVets@aol.com