Why Medical Opinions Fail01

Medical Opinions

A Conclusion Is Not the Same as Medical Reasoning

A medical opinion can reach the right conclusion and still leave an important question unanswered:

How did the medical professional get there?

In VA disability matters, phrases such as “at least as likely as not” are important because they state the medical probability being offered. But the probability statement is the conclusion. It is not, by itself, the medical reasoning supporting that conclusion.

That distinction matters when medical opinions are compared, challenged, or weighed against other evidence.

The evidence and the conclusion need to connect

A strong medical opinion does more than summarize records and state an answer.

The relevant facts have to be identified. The medical evidence has to be evaluated. Then the physician has to explain why those facts support the medical judgment being offered.

The U.S. Court of Appeals for Veterans Claims addressed this in Nieves-Rodriguez v. Peake. The Court emphasized the importance of factually accurate, fully articulated, sound reasoning when evaluating the probative value of medical-opinion evidence.

Stefl v. Nicholson likewise explains that a medical opinion should include analysis that can be considered and weighed against contrary opinions.

These cases do not create a mandatory report template.

They illustrate the underlying issue.

A physician should be able to answer more than:

What is my conclusion?

The report should also make it possible to understand:

Why does the medical evidence support that conclusion?

A list of records is not medical analysis

Consider a simplified example.

A veteran has Condition A. The veteran later develops Condition B. Published medical literature discusses an association between the two.

A report could list those facts and then conclude:

“Condition B is at least as likely as not secondary to Condition A.”

But something is still missing.

The report has not explained whether the veteran's actual medical history fits the proposed relationship.

A meaningful medical analysis might need to consider questions such as:

  • Does the chronology fit the proposed medical mechanism?
  • What does the veteran's longitudinal medical history show?
  • Are other medically significant risk factors present?
  • Does the literature actually apply to this veteran's circumstances?
  • Is there evidence that weighs against the proposed relationship?
  • Why does the total medical evidence reach, or fail to reach, the probability being stated?

The answers will differ from case to case.

The point is not that every report needs to be long.

The point is that the conclusion should arise from medical reasoning applied to the actual evidence.

Longer does not automatically mean stronger

The opposite mistake is also common.

A medical opinion is not automatically stronger because it is ten pages instead of two.

In Monzingo v. Shinseki, the Court explained that a medical report should be read as a whole. An examiner does not necessarily have to spell out every intermediate step in the reasoning if the medical judgment can reasonably be understood from the complete report.

Acevedo v. Shinseki also makes clear that medical examiners are not subject to the same formal reasons-or-bases requirement imposed on the Board of Veterans' Appeals.

So the rule is not:

Short opinion = inadequate opinion.

And it is not:

Long opinion = persuasive opinion.

The better question is whether the report, read as a whole, provides enough medical analysis to understand the physician's judgment and weigh it against the other evidence.

The factual premise matters

Even good medical reasoning can be weakened if it starts with the wrong facts.

A physician may be asked to analyze an alleged exposure, injury, diagnosis, onset date, treatment history, or sequence of events.

If the medical opinion assumes something the underlying record does not support, the problem begins before the medical reasoning even starts.

This is one reason thorough evidence review matters.

The medical professional should know which facts are documented, which facts come from competent lay history, which remain uncertain, and which should not be assumed.

That does not mean every factual disagreement has to be resolved by the physician. Some questions are ultimately adjudicative.

It does mean the medical opinion should be clear about the factual premise on which the analysis depends.

Medical literature is evidence, not the conclusion

Published research can strengthen a medical analysis, but citations alone do not establish an individual medical nexus.

A study may show an association between an exposure and a disease. That does not automatically establish that the exposure caused one particular veteran's condition.

A useful opinion explains what the literature shows, what it does not show, and how it relates to the veteran's actual medical history.

This is especially important in cases involving:

  • toxic exposures
  • secondary service connection
  • aggravation
  • delayed onset
  • multiple competing risk factors
  • complex cause-of-death theories

The medical literature should support the reasoning.

It should not substitute for it.

The practical takeaway

When reviewing a medical opinion, do not stop at whether the answer is favorable or unfavorable.

Look at the path between the evidence and the conclusion.

Does the report use an accurate factual premise?

Does it address the veteran's actual medical history?

Does it consider medically significant evidence that cuts the other way?

Does the literature support the proposed pathway?

And, taken as a whole, can you understand why the physician reached the conclusion?

That is the difference between stating a medical opinion and explaining one.

Evidence first.Conclusion second.

Nexus Medical Opinions provides independent medical-evidence review and physician-reviewed medical opinions for VA disability matters. Nexus Medical Opinions does not provide legal advice or guarantee the outcome of any VA claim.

Sources

Sources / Further Reading

  1. Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008)Official court opinion (PDF)
  2. Stefl v. Nicholson, 21 Vet. App. 120 (2007)Official court opinion (PDF)
  3. Monzingo v. Shinseki, 26 Vet. App. 97 (2012)Official court opinion (PDF)
  4. Acevedo v. Shinseki, 25 Vet. App. 286 (2012)Official corrected panel opinion (PDF)

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