Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
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

mellow.gif

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
legal-scales-630x350.jpeg

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

Share this post


Link to post
Share on other sites

Ad

  • 0
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?

Share this post


Link to post
Share on other sites

"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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines