VA exam found "at least as likely"

Question:

in my C&P exam for Hypothyroidism and Upper Respiratory Infection, the VA examiner stated for both "It is at least as likely than not the injury, illness was a result of service connection". The rater decided it was not service connected. Does the Rater have to go by what the examiner specifically stated that they both are 50% or greater related to in service injury or illness?

Jim's Reply:

The rater did go by what the examiner said and chose the more negative interpretation to deny your claim. The phrase we want to see is, "It is more likely likely than not the injury, illness was a result of service connection". This tilts those odds in your favor. You can appeal this one and if I were you, I probably would. Have a look in the C & P Guide here  and consider an IMO .


Source URL: https://dev.statesidelegal.org/va-exam-found-least-likely