Legal Question in Veterans Law in Tennessee
Reasonable doubt
In order to win my case all I have to do is prove reasonable doubt. Is this a true statement.
Asked on 10/17/05, 11:51 pm
1 Answer from Attorneys
Jill Mitchell-Thein
Heard & Smith, LLP
Re: Reasonable doubt
That is not exactly correct. The usual standard of proof in veterans law is "as likely as not" meaning that if there is a 50-50 chance that the disability is service connected, then the veteran wins. This usually means that you need a medical opinion that says that the disability is "at least AS likely as (if not more likely than) not service connected." But there are some exceptions and other specific situations in which other considerations may apply.
Hope this helps.
Jill Mitchell
Answered on 10/18/05, 8:30 am