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Jay

Within A Reasonable Degree Medical Certainty

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When a Psychiatrist says "Within a reasonable degree medical certainty" are they saying 50/50 or are they saying more likey a 100%. How is it taken by VA. When read it appears like strong language. My IME had this in the doctors final words and I don't know exactly know what to make of it. From what I've read it seems to be in a grey area. Does anyone have some experience in this area? Thanks

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This is my humble opinion but to me these words means nothing. They are not for or against. If your Psych really wants to help you, explain to him/her that their opinion must use VA vernacular for your claim to be granted. Anything else would cause confusion and instead of trying to figure out what the Psych opinion really means, VA most likely will deny the claim. You and any medical opinion will have to explain it to VA like you would have to explain it to a ten year old child.

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Forgive my analogy but have you ever gone to a fast food restaurant and asked for a burger minus onions, no mayo, no pickles, just add mustard and the clerk is so confused that he/she has to call the manager over to get your order right or when you get your order it has everything on it that you said you did not want but they added the mustard. Like I said, please forgive my analogy, I am not trying to put anyone down it just the fact that it is easier to do the normal thing. So in VA language it would be easier to deny your claim so they can say next customer/next claim.
Edited by pete992
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Thanks for your reply and I appreciate your opinion. But doesn't the phrase in itself mean "beyond a reasonable doubt?" And with the rest of the document as support would it not be enough to weigh on the side of the Veteran?

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It is more like 50/50 as least likely as not. Had to do a little research but I do know that lawyers and medical professionals have been debating this topic for some time. Try to google it to see what you can find.

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The Va cannot handle words with too many syllables.

"at least as likely as not" will do

or " More than Likely": with a full medical rationale is better.

If an IMO/IME does not conform to the IMO criteria here in the IMO forum, VA does not take the time to understand it.

I know what the doc means and so do you but they are used to certain key words and these IMOs are too expensive to take chances without using the proper verbiage.

Edited by Berta
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