Claim for PTSD MST

Question:

I had a claim for PTSD MST. I went to my C and P exam and the examiner diagnosed PTSD due to MST. But in her write up said she couldn't opine without speculating. VA sent it back to her for clarification and again she said the same thing. So the claim was denied. I am confused as to how to proceed. The VA doctor diagnosed it and said the stressor was MST on her exam form. The VA raters sent the claim back asking her to state whether it was as least likely as not and her exact response was "this is a legal question not a medical question and I can not opine without speculation". The claim was denied for "examiner could not give her opinion without speculation". So I don't know what to do at this point.

Jim's Reply

Any time we've been denied a benefit that we believe we earned, the only choice for action is to formally appeal. I recommend that any appeal be guided by an experienced and accredited veterans law attorney. These lawyers work on a contingency fee basis meaning that you'll have no out of pocket expenses and no expenses at all if you don't win your appeal. You can find your attorney here