More Likely Than Not..

[jecsb4]

I am trying to find the post that detailed the different verbage that pertains to a medical condition to connect it to SC. The verbage that the medical provider writes in the findings. I know there are 2 or 3 groups of words to say 100% it is SC, more than 50% and = to and less than 50 SC.

I couldn't get the search feature to work.

Thanks,

jecsb4

[Vike17]

jecsb4,

Keep in mind the VA must resolve the benefit of the doubt in the favor of the claimant only when ALL of the evidence of record is weighed equally by the decision maker. Just because a claimant has one or two statements with this "at least as likely as not" noted somewhere in it doesn't mean their claim will be granted. It all depeneds on how much weight is afforded to each piece of evidence by the person making the decision.

You may have one or two statements that say "at least as likley as not," but there may be 10 other peices of evidence that are weighed agaist the claim. In this case the benefit of the doubt rule doesn't apply. I'm not trying discourage you ar anything, just trying to explain how the benefit of the doubt rule is actualy applied.

As far as weight being applied to evidence submitted by a claimant, this is why it is so important, for example, for IMO's to show that the doctor reviewed the entire medical records to include the SMR's of the veteran and to provide a full rational as to why he/she came to such a decision.

Many veterans misapply the meaning of the benefit of the doubt rule.

Vike 17

[allan]

You can expect VA decider's to pick anything they want out of thin air and deny your claim with it. They will distort favorable comments from doctors opinions to the point it makes no since, then refer to it throughout the SOC. Anytime you have a complete, favorable claim backed by records & science, expect it to be processed by morons that will say anything in print to deny the claim, regardless of how many, "on a more probable than not basis" or "more likely than not" statements you submit.

Try to put VA decider's in your mind, like doing business with a communist country .

If your claim is a perfect claim throughout, expect it to get denied with nothing more than a simple lie by one of these jerks, so they can meet the quoata.

Benefit of the doubt? Its tossed around like yesterdays salid, but "seldom" applied.