Posted by Gregory M. Rada | October 21, 2023 | Disability Compensation
When pursuing VA disability benefits, understanding the “benefit of the doubt” standard is paramount. As a linchpin in veterans’ disability benefits, this principle can make or break your claim for service-connected disability compensation. Let’s dive into its implications.
At its core, the “benefit of the doubt” or “reasonable doubt” principle finds its legal foundation in 38 U.S.C.S. § 5107(b). This law underscores that in situations where evidence on a pivotal issue almost evenly splits between supporting and opposing a claim, the VA must side with the veteran.
Elaborating further, VA regulations explain: “Whenever a reasonable doubt surfaces concerning the origin in service, the degree of disability, or any other critical point, this doubt should tip the scales in the veteran’s favor. A ‘reasonable doubt’ arises when both supporting and opposing evidence almost evenly match, making it tough to definitively prove or disprove the claim.”
What this standard translates to in real-life claims is profound. Veterans don’t need irrefutable evidence tying their disability to military service. Instead, they must offer substantial medical proof suggesting a nearly even balance between evidence supporting and opposing a connection between their current condition and a military service incident. This evidence standard, inherently veteran-friendly, seeks to lighten the proof load on veterans.
Often, VA decisions grapple with contradictory medical opinions. In such cases, it’s up to the VA regional office or the BVA to assess the worth of each evidence piece, balance the for-and-against arguments, and draw conclusions rooted in fact.
Oftentimes, times the VA local regional office acts like it has never heard of the benefit of the doubt principle. For example, the record will contain an unfavorable VA nexus opinion and a favorable private nexus opinion. But instead of applying the benefit of the doubt (i.e., the evidence is in approximate balance), it requests a new VA nexus opinion to resolve the “conflicting evidence.” This is wrong, but it is unfortunately very common.
When you feel that the VA hasn’t fairly weighed all evidence or lacks clear reasoning for disregarding particular pieces, it’s your right to contest the decision. After all, every shred of evidence can be the linchpin in your VA disability claim.
Many VA nexus opinions are inadequate for some reason or another, so there are almost always grounds to appeal an unfavorable VA decision.
Grasping the intricacies of the “benefit of the doubt” principle is crucial for veterans striving to understand the labyrinthine VA disability claims process. Its proper application can pivotally determine a claim’s fate. Should you find a decision wanting, remember: each evidence piece counts, and a well-prepared appeal can tilt the balance in your favor. A meticulous review of your VA claims file, preferably alongside an expert VA attorney, can drastically bolster your claim’s chances.
Gregory Rada is an Air Force veteran that helps veterans nationwide receive the benefits to which they are entitled. He works with all his clients one-on-one from the start of their case to the end and never hands them off to case managers or paralegals. Learn more about his experience by clicking here.