That is because the 38,000 year figure, although stated as fact, is really only a deduction/opinion.
It's not an "opinion," it's the actual age of the remains, as determined by radiocarbon dating. In fact, the Vindija specimens have been subject to rigorous date testing by a number of independent teams.
Saying that radiocarbon dating is an "opinion" is as asinine as telling the police officer who pulled you over that the "80 mph" on his radar gun is an "opinion." Actually, more asinine, because radar guns are less accurate than radiocarbon dating and are not operated in controlled, laboratory conditions.