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teejay53

The Term "as Likely As Not"

Question

does the va have to add to the term "as likely as not" ... wording such as "it is more...", "less likely than not" ... or other wording or do they say simply "as likely as not" when deciding a service connection claim?

i have so many different explanations. i am asking here for anyone's opinion.

thank you

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Less Likely, More Likely Than Not – VA Disability Legal Phrases for Your IMO 

Share Tweet Share If you spend any time reading VA case law you’ll come across the phrase less likely, more likely than not and so on. In the VA Clinicians Guide for Disability Examination it lays out how these are weighted. Independent Medical Opinions by Your Private Physician An Independent Medical Opinion (IMO) from a … Continue reading

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On ‎6‎/‎11‎/‎2010 at 1:20 PM, teejay53 said:

it should be noted that mr. _______ had no risk factors for contracting hep. c except for the blood transfusion received while hospitalized in naval hospital at camp pendleton, ca in oct 1978 due to a sever stabbing incurred while on duty.. i therefore conclude that mr. _____'s medical condition was a direct result of the medical care received through the veteran's administration.

I would prefer the sentence read "while on active duty" instead of "through the veteran's administration"  Can you explain to the doctor that IMO's must be very precise and ask him to clarify this sentence?  The VA might get stuck on this sentence but they also may see it as a strong IMO.

Does anyone else have an opinion on this?

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"As likely as not" is the least strong term of association with a condition and military service. It is the 50/50, tie goes to the runner, benefit of doubt, language. If the VA says a condition is as likely as not service connected you win. If they say "less likely than not" you lose. You would want a doctor on your side to say at least "more likely than not". You don't want to rely on the benefit of the doubt. You don't want there to be doubt. What I like from a doctor I am paying is "In my medical opinion the vet's conditon is a direct result of his military service", or words to that effect. Maybe I am just an old softy.

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Isn't it strange that most real Docs write in language that they use for everyone else and do not always use VA code words cause in all reality if its in plain English it should work.

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The doctor has to give a complete medical rationale to have the statement "as likely" as not or "more than likely" had any value with the VA.

"as likely as not" is good enough to get an award if the statement is followed in some way by "due to military service."

The statement has to describe a proven service link or nexus and have a medical statement of cause and affect.

For Example: The veteran, a former POW, died due to coronary artery disease ,of the type seen in patents who suffered from beri beri in prison camps during WWII.

It is at least as likely or not that his long period of interment in Japan and the development of beri beri caused his original etiology for his heart disease which has consistently gotten worse over the years- as his medical records reveal.His beri beri is noted in his military record which was updated with considerable medical information upon his release from the POW camp.His long confinement caused malnourishment, another factor that had begun to weaken his heart, while still an active duty serviceman in confinement. His entrance physical showed no problems at all regarding his cardiac system and the veteran did not use tobacco, street drugs, nor did he drink excessively or become obese after service. He did not have diabvetes or any other etiology for his heart disease except for the effects of the beri beri due to his confinement in Japan.

I have attached citation from Harrison's Medicine Edition 3 dated XXX showing the known correlation of heart disease in POWs due to the lack of sunlight, exercize, proper nutrition and to beri beri.

(I made that all up =not a real case- but

(the doc might even use our hadit post here to support an IMO like this_:

http://www.hadit.com/forums/index.php?showtopic=33061&mode=threaded&pid=179446

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