You already know that, in order to receive veterans benefits by successfully arguing VA claims, you’ll need to prove the service connection or “nexus of evidence” linking your current disability with an incident or illness that occurred during your period of military service. But what is the standard of proof that your evidence must achieve in order to win the case?
VA regulations state that, if the evidence regarding any part of your claim is equally balanced between favorable and unfavorable proof, the VA must give benefit of doubt to the claimant and rule in your favor. Thus, any “reasonable doubt” created because of an equal lack of proof on both sides of the argument means that the veteran wins the case.
Of course, in an ideal situation there will be enough proof on your side of the argument that the reasonable doubt rule will not need to be invoked. Hiring an experienced VA disability lawyer can be a key factor in preparing a strong case.
The Standard of Proof and the Evidence of Nexus
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The same rule applies specifically to the nexus of proof requirement. To win your case and start receiving veterans benefits, the medical opinion you provide to prove the nexus need only state that it’s “as likely as not” that your current disability and the precipitating service incident are connected. This removes the burden of providing absolutely definitive proof from medical experts and makes it much easier for veterans to make successful VA claims – a 50% chance of connectivity is all that’s required.
All of this is why it’s more important than ever to work with an experienced attorney on your Veterans Disability claim. For more information, be sure to check out our free e-book, Veterans Disability Claims; Strategies for a Winning Campaign.
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