Not at least as likely as not

[DevilDog12]

I understand that this means less than 50% probability, but is this term an automatic denial?

[hilltravis]

Typically...unless you have a counter opinion that can trump it.

 

[DevilDog12]

He admitted it was diagnosed in service, as stated in STR.  But then put that statement as opinion.  

[broncovet]

It likely means a denial unless you can refute it with other medical evidence.  This can come from another VA doc, or private doc.  

[Gastone]

Your at 90%, so unless you expected a 50% Award, regardless of the Award/Denial, probably no bump in Rating.

Was this an FDC, if so, you should know the Rater's take on the Dr's DBQ answer, within the next 3 months.

Even if it's a Denial, sounds like it, there's always the possibility that a Sr Rater will do a Quality Control Review of the Decision. Possibly change the Decision.

I had that happen 01/16 from a 07/15 Award Decision continuing a 0% SC, FDC Increase filed 02/15. Phantom Rater, increased my SA from 50% to 100%, as I had discussed in my Sworn Affidavit that had accompanied the 02/15 FDC. Why the original Rater missed the Nexus, who knows? The Phantom Quality Control Rater caught it and agreed with me, that's all that really counts.

I must mention, the FDC C & P Dr disagreed with me also. Told me my 50% SC for SA was not going to get the increase. I should track him down, show him the Award, Fxxx his Dope Up, right.

Semper Fi

[DevilDog12]

This was not an FDC, but did move rather quick.  I was seen by a PA, not a Dr, as I have been on other exams.  But confused as to why he did say it did happen in service, and documented, but less likely than not.  

[Gastone]

Not an FDC, don't let that happen again. Not unusual for a Reg AXX claim to take a year or so, before you get a Decision, even a Denial.

Semper Fi