Va Disability Benefit Of The Doubt

VA Obligation in Cases Where STRs May Have Been DestroyedThe Department of Veterans Affairs VA has a heightened obligation to carefully consider the benefit-of-the-doubt rule and corroborative testimony such as buddy statements when deciding claims for compensation where the STRs may have been destroyed.

Va disability benefit of the doubt. VA cannot raise that standard higher than the benefit of the doubt rule and if it does veterans have grounds to appeal VAs denial of their benefits. This involves reviewing all evidence relating to the claim to determine its relevance and credibility weighing the evidence and providing a fair and impartial written decision which includes reasons explaining how the decision was reached. A way to think of this rule is with a baseball analogy--the tie goes to the runner. This standard is also called a preponderance of evidence.

When the evidence presents two seemingly credible but opposing viewpoints from similarly qualified opiners say in a DBQ from a private physician and a VA examiner say from QTC. Or a difference in degree of disability which affects the rating and one of the medical opinions presents a scenario that would give the vet a higher rating the rater is supposed to give the vet the higher rating the benefit of the doubt because there is evidence that supports the higher rating. The Benefit of the Doubt doctrine refers to the standard of proof that applies in VA claims so The Benefit of the Doubt is the idea that if the evidence is generally speaking equal or in equipoise then the idea is that VA is supposed to grant the claim even if theres a balance of negative evidence and positive evidence. When after careful consideration of all procurable and assembled data a reasonable doubt arises regarding service origin the degree of disability or any other point such doubt will be resolved in favor of the claimant.

In legal terms this is called the standard of proof or the evidentiary standard. If theres any question about whether the evidence is enough to substantiate the claim theyre supposed to be granting it. It seems to me the benefit of the doubt is to the VA not the veteran. Vets can use the benefit of the doubt rule in their favor to win VA service-connected disability compensation claims by showing that the evidence supporting approving their claim is at least equal to the evidence supporting a denial of their claim.

Explaining the Benefit of the Doubt Doctrine. The function of an adjudicator is to perform an active inquiry into the basis of a claim for a disability benefit or other benefit pursuant to the Pension Act and Veterans Well-being Act the Acts. When after careful consideration of all procurable and assembled data a reasonable doubt arises regarding service origin the degree of disability or any other point such doubt will be resolved in favor of the claimant. This VA rule requires that after the VA considers all evidence in a veterans case if it finds that the favorable and unfavorable evidence is approximately balanced or in equipoise to use the VAs term the benefit of the doubt goes to the veteran.

The Benefit of the Doubt doctrine is outlined in 38 USC 5107b and 38 CFR 3102. 9 posts Benefit of the doubt Benefit of the doubt. VA Disability Claims General Benefit of the doubt. A clear-cut example of the benefit of the doubt being given to the vet is when a medical opinion states as likely as not.

This relaxed standard of proof leads to what we call the benefit of the doubt rule. By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. The VA regulation on benefit of doubt says that when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter the VA must give the benefit of the doubt to the claimant. If you are arguing to the VA that they should apply the Benefit of the Doubt to your claim or appeal for VA Service Connected Disability then you may have.

A key difference between the VA benefits system and other federal benefits systems is the standard for how convincing the evidence has to be in order to support an award. 000 Introduction 044 VAs Benefit of the Doubt Doctrine 145 VAs Standard of Proof at least as likely as not 301 Regulations and statutes that expres. The Benefit of the Doubt Doctrine The VA disability benefits system is also unlike any other legal system in that throughout the adjudication process the veteran is afforded the benefit of the doubt72When evidence for and against. Benefit of the Doubt A key difference between the VA benefits system and other federal benefits systems is the standard for how convincing the evidence has to be in order to support an award.

I have what I consider to be one of those situations but believe its an up hill battle. In legal terms this is called the standard of proof or the evidentiary standard.