When filing a VA disability claim, one of the most important concepts to understand is the āat least as likely as notā standard. Simply put:
- The VA must find thereās a 50% or higher chance that your condition is tied to your military service.
- If the odds are exactly 50/50, the VA must give you the benefit of the doubtā
š Why Standardization Is Important for You
Medical Opinions:
- VA C&P examiners assess whether itās āat least as likely as notā that your condition is service-connected.
- If they say itās less than 50% likely, that usually means no service connection.
- Thatās why getting a private medical opinion that explicitly states service connection meets the ā50% or moreā threshold can be a game-changer .
Benefit of the Doubt:
- Thanks to 38āÆU.S.C. §āÆ5107(b), if evidence is tied, the VA must side with you.
- Think of it like a baseball rule: when itās too close to call, the tie goes to the runnerāand in this case, thatās you.
š How Veterans Can Use This to Their Advantage
- Collect strong medical evidence
- Gather all relevant treatment notes, medical tests, and specialist reportsāfrom service and post-service.
- Secure a solid nexus opinion
- A qualified provider should explicitly state:
āIt is at least as likely as notā¦ā that your condition is related to service.
- A qualified provider should explicitly state:
- Challenge weak C&P findings
- If a VA exam says your condition is less likely to be service-connected, you can:
- Get a private medical opinion
- Ask for a new VA exam
- File an appeal or supplemental claim.
- If a VA exam says your condition is less likely to be service-connected, you can:
- Emphasize the benefit of the doubt
- Remind adjudicators that if the evidence balances out, VA policy requires a favorable decision for the veteran.
ā Bottom Line
The āat least as likely as notā standard sets a relatively lowābut meaningfulāthreshold. Your goal is to gather enough credible evidence so the chance of service connection is 50% or better.
By:
- Collecting strong medical documentation,
- Obtaining a well-worded nexus opinion, and
- Using the benefit of the doubt rule strategically,
You give yourself the best shot at a successful VA disability claim. When the VA sees the scales are even, they must rule in your favor.
ā Call to Action: Get Your DD214 the Easy Way
Build your evidence first BEFORE you file your claim. Touchstone can help you assemble your evidence, to acquire your OMPF and service medical records. Once you file your claim, the VA will pull your records. Itās better to have your copies first, so assure that you have a complete record in advance and nothing gets lost in the interim. Donāt wait until you need itāsecure your records now so youāre ready when opportunity (or urgency) comes knocking.
š Visit DD214Easy.com today to start your request in minutes.
Whether itās for VA benefits, a job, a home loan, or peace of mind, they do the work so you donāt have to.
Your service deserves recognition. Your DD214 ensures it.