Legal Question in Veterans Law in Texas

Reasonable doubt denied

I was examined by a VA doctor for a service connected disability. The doctor noted that my disability may or maynot be service connected. It is my understanding that if there's a 50-50 chance that the disability is service connected, then the veteran wins. However, I didn't win, the VA denied my claim.

I filed an appeal. I'm scheduled to go before the VA review board in about two weeks. Is there another way to settle this without going before the review board? If not, would it be wise to hire a lawyer? I fell that the VA is giving me the run-around. Please advise, thanks

Asked on 10/26/05, 3:41 pm

1 Answer from Attorneys

Jill Mitchell-Thein Heard & Smith, LLP

Re: Reasonable doubt denied

The 50-50 rule only really comes into play when all the other evidence is equally balanced. And a "may or may not" statement is not quite the same as a doctor saying that the condition is "as likely as not" service connected (which is really the minimum you need, all other things being at least equal). If you already have a review board date, don't let it go. I can try to coach you if nothing else. You can email me directly with more specific questions at [email protected]


Jill Mitchell

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Answered on 10/26/05, 10:52 pm

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