What does “at least as likely as not” mean in a VA claim?
I saw this phrase in my nexus letter. It sounds like the doctor isn't 100% sure. Is that going to be a problem with the VA?
1 Answer
In the civilian medical world, doctors talk in terms of certainty. In the VA world, the standard of proof is much lower—it’s called "at least as likely as not." What it means: - 50% or greater probability. - If the evidence for and against service connection is in "equipoise" (perfectly balanced 50/50), the VA is legally required to give the "benefit of the doubt" to the Veteran and grant service connection. What NOT to use: Phrases like "may be related," "possibly caused by," or "could be linked" are too weak and will lead to a denial. Your clinician must use the specific phrase "at least as likely as not" (or higher, like "more likely than not") for the VA to consider the opinion valid.
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