Jump to content
  • 0

Not at least as likely as not vs. Less likely than not



Hi Everyone

I had a C&P back in Dec for my migraine condition and I was denied and the examiner said the condition was less likely than not related to my car accident. So I filed a HLR and the VA gave me another C&P and I just looked in my blue button records and the C&P examiner this time said that my condition was not at least as likely as not related to my car accident. Can someone explain the difference to me because they sound like they are saying the same thing and thanks in advance.

Link to comment
Share on other sites

4 answers to this question

Recommended Posts

  • 0
55 minutes ago, scooter318 said:

Hi Everyone

I had a C&P back in Dec for my migraine condition and I was denied and the examiner said the condition was less likely than not related to my car accident. So I filed a HLR and the VA gave me another C&P and I just looked in my blue button records and the C&P examiner this time said that my condition was not at least as likely as not related to my car accident. Can someone explain the difference to me because they sound like they are saying the same thing and thanks in advance.

Basically it means the same thing. You are going to need something else to get your claim granted.


Less Likely, More Likely Than Not - and why reasonable doubt rule is one of the most important liberalizing rules that Veterans Affairs uses... | HadIt.com For Veterans Who've Had It With The VA

  • Like 1
Link to comment
Share on other sites

  • 0

Pacmanx1 thank you for the answer, my lawyer told me this morning the next option would be to go to the BVA so I guess that's where I'm headed.


Link to comment
Share on other sites

  • 0

To the BVA...

Make sure your evidence is tight and good luck.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Lavish
      Can anyone explain the difference between a C&P examiners Medical Statement vs a Medical Opinion? 
      I'm reading up on Gulf War Medical Exams.  I had a Gulf War Medical C&P exam in August which lasted 4 hours; this exam consisted of many DBQs, including one for CFS.  Although, I'd already had a C&P exam a few months prior for CFS.   It took 6 weeks for the examiner to get the report to the VBA.  A few days ago, the VBA just requested another C&P exam for the CFS for "rework" and a medical opinion for CFS.   I don't know if I have to attend an exam or if this is something that the C&P examiner is going to do with what's already in the file.  I haven't gotten a call yet from VES and when I called them, they didn't really seem to know if I actually had to go in for another C&P exam or not- just said someone would be contacting me to schedule an appointment (?).  
      From what I'm reading in the DMA Gulf War General Medical Examination training Sorting Symptoms Exercise (sharedfedtraining.org), certain conditions require Medical Statements and other require Medical Opinions.   
      The training says for CFS, the examiner is required to provide a medical statement but not a nexus medical opinion.   For migraine headaches the examiner is required to provide a Medical Nexus Opinion.  
      I'm wondering why the VBA is requesting a medical opinion if they only need a medical statement for the CFS exam report.  From my understating the medical opinion is the one where the examiner has to state the "as least as likely as not" VA language, but I don't know what the VBA wants the examiner to say in a medical statement.  
      Does anyone know?
    • By drago
      Hi All,
      Once again, hoping this is posted correctly. Not sure, but can't quite seem to get the hang of this particular version of a forum, so my apologies if I'm doing this wrong.
      Real quick background, I'm rated for PTSD/major depression/alcohol/TBI at 70%, kidneys 60%, bladder 10%, headaches 0%, and seems like something else I'm forgetting at the moment. Those were all completed about 13 months ago. Pending is a back issue, hypersomnia, hypertension, and heart disease. Total after VA math is 91% (maybe 92?). I was involved in a training in which another soldier died.
      Due to the hypersomnia claim, the VA has asked that I be reviewed for the PTSD and TBI. In preparing for those reviews, I've found various mistakes in both reports, some which seem immaterial, and some that may matter. For example:
      The report states I was cleared of charges at trial. That is inaccurate. I was cleared of charges during the investigation phase due to a malfunctioning piece of equipment. I was never charged (that I know of... 1st sarge got defense attorney involved pretty quick, so I kind of lost track of a lot of the process). I was in the brig for a while, and then on supervised house arrest until the investigation was over, which I told the examiner. Seems immaterial to the overall findings, but still not accurate. The report states that I was "dazed for 3-4 minutes". That is inaccurate. I was dazed for 3-4 days, not minutes. Depends on the clinical definition of dazed I suppose. I have zero recollection of the minutes following the incident (probably 3-4), and only wispy memories of the 3-4 days following the accident. Frankly, as I've thought about it over the past year, I'm not completely sure what is actual memory, and what is "recollection" based on what my squad members who were supervising me told me about the incident. I'd like to get those cleared up, but don't want to get tagged with a "veteran has changed his story" line somewhere. I guess the answer is they are inaccuracies, and I need to take them head on, but was interested in the thoughts of those who have more experience with this sort of thing.
      Should these inaccuracies be addressed in the these review exams, or is there a different and/or more appropriate process to challenge the inaccuracies?
    • By scooter318
      Hi Everyone
      I recently had a C&P exam on the 9th of July, the examiner told me that it would take 30 days for her to do her research and come to a decision about my claim. So the 9th of September was the 30 day mark and the case is still open as of today. I checked my blue button records and she actually made a decision on my claim the same day she said it's less likely than not. So my question is has any one seen results take this long and why would she lie to me and say it's going to take 30 days for her to find results and she made a decision the same day.
    • By Remisdad
      Shouldn't it be in medical records that I can access on va.gov?   My request for a copy of my C&P exam has been in evidence gathering for 6 weeks.  What the hell is there to gather?  
    • By scooter318
      Hello Everyone
      I recently had a HLR and the VA came back and said that they found errors with the previous C&P by LHI. So they scheduled me for another C&P exam which I had on last Friday with a VA NP. She asked me the standard question on the migraine questionnaire and then at the end she said she would have to do some research into the connection between PTSD and migraines and that I would have my decision in 30 days. I wanted to know is it normal to take 30 days because all the other C&P exams that I've had I received the results the day after the C&P exam.
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...

      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.

      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"

      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.

      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.


      Example for 2020 using the same disability rating

      1998 - Initially Service Connected @ 10%

      RESULT: Service Connection Protected in 2008

      RESULT: 10% Protected from reduction in 2018 (20 years)

      2020 - Service Connection Increased @ 30%

      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 58 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $6,103.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • 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

  • Create New...

Important Information

{terms] and Guidelines