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Less Likely Than Not

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j92mike

Question

This term was in a few of the decision explanations of my award letter last July.

Since I was denied I am assuming that the term less likely than not is not good.

Can someone explain to me what exactly it means? And what is the term I should be looking to get from my provider to help me get service connected?

Thank you

Natalie

92Mike

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I have been trying to get compensation for my late husband for bilateral shoulder condition. He worked as a mechanic in Germany where the weather is pretty cold ,snowy and wet. He was exposed to these conditions constantly but the military don’t seem to think his condition was contributed to these elements years earlier. He has been denied since 2016 and lately 2020. The reason they gave for the denial was it less likely than not(less than 50% probability) that it is not service connected. I recently was informed they had been making these decisions without any of his medical records from any place. If it is less than 50% probability why didn’t he at least qualify for 10,20,30,or40% service connected?

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  • HadIt.com Elder

Victoria I'm not sure what is happening with your posting; it is mixed up with other old ones.Do a new posting  so we can help you without confusing your issue.

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  • HadIt.com Elder

"At least as likely as not" or " more likely than not" are terms you want." Less likely than not" means there is a less than 50% chance the disability or condition is service connected.

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" Less likely as not likely" medical opinions will just about always get you an denial on claims based on direct service connection claims, unless you get an IMO to rebut it. However if this is a claim based on aggravation of a pre existing or an already service connected condition "less likely as not" medical opinions would not suffice to clear the "clear and unmistakable" evidence standard to win service connection for that aggravation claim. Clear and unmistakable evidence standards are more of an onerous task for the vba to overcome, than the preponderence of evidence standard such as," less likely as not, at least as likely as not, etc... Not sure what your claim is based on....

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My claim is for several conditions

my back knees elbows neck depression

Thats the link to my decision letter

I got the less likely than not on explanations for my elbow my knees and cervical neck

Thanks yall for the responses and dot for the link I will check it out

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