Resonable Vs As Likely As Not On Imo

[RickH]

Hi Guys

My doc wants to put "is reasonable" instead of "as likely as not" on my IMO.

How will this fly at the BVA.

Thanks

RickH

[MarkInTexas]

Congratulations!

[free_spirit_etc]

Great news that he was willing to use VA-speak!

Good luck with your claim!

Are you also submitting an argument?

You may want to include something like these:

There is no medical opinion, nor medical evidence in the record, that directly conflicts with the recently submitted medical opinion.

As there is substantial competent medical evidence establishing my XXXX is related to my service, and no competent medical evidence that actually conflicts with this, I believe that the probative evidence is in favor of the claim. See Mariano v. Principi, 17 Vet. App. 305, 312 (2003) (“The Court has cautioned VA against seeking an additional medical opinion where favorable evidence in the record is unrefuted…).”

When the evidence is in relative equipoise, the claimant prevails. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990). The preponderance of the evidence must weigh against a claim for benefits to be denied. See Alemany v. Brown, 9 Vet. App. 518 (1996).