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Question on "as likely" medical opinion

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Wayne TX


I have received an IMO exactly stating as follows.......Veteran's _______is at least as likely as a result of his service related development of ___________. 

My question..... is this strong enough to pass VA muster on Appeal without the "or not" included...... or do I need a redo with the " as not" included before submitting? 

I am unclear if this was a simple misstep, or if it was was meant to be opinioned that very way.  Perhaps "as likely" may be even stronger - not really sure so asking? 

Any feedback appreciated.

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You may get lucky but unfortunately I doubt it, it has to be the exact phrase and before someone disagrees with me I want to bring up my last exam from last year which the doctor states “it is at less likely as not” and I am still waiting on my appeal for the next step which was remanded due to this error. They stated the doctor could be contacted to clear up the typo but if they are not around anymore then another exam will be ordered.
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The IMO author's Medical Credentials qualifying him/her regarding the Med Issue on Appeal is quite a bit more important than his exact verbiage. All US MD/DO's certainly can make a DX and/or offer an IMO regarding all medical Issues. As to their expertise in a given field of Medicine, that's where the Board Certifications come into play.


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

If you spend any time reading Veterans Affairs 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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I feel for ya jfrei.......that one little typo was all VA needed to react.........hope it works out for you brother.

Still looking for opinion(s) from anyone  if it looks acceptable to VA Raters as was stated or the " as not" needs to be added...........just seeking anal if anal is necessary.  Thanks.

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You need more than "just" "as likely as not".  

You should supply a cv to the medical professional who rendered this opinion.  He needs to demonstrate he is an "expert" witness in this field, with medical training and or experience.  

Also, the medical professional needs to give a medical  rationale as to why they offered this opinion.  

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