VA Benefit of the Doubt Doctrine
0:00 Introduction
0:44 VA’s Benefit of the Doubt Doctrine
1:45 VA’s Standard of Proof (“at least as likely as not”)
3:01 Regulations and statutes that express the Benefit of the Doubt Doctrine and Resolution of Reasonable Doubt
5:40 Benefit of the Doubt Doctrine applied to VA Claim Evidence (for example, C&P exam results vs. a private doctor’s opinion)
7:14 How VA Weighs Evidence
11:06 Favorable Findings: Competence, Credibility, and Probative Weight
13:36 Viewer Question: What does “probative” mean?
16:04 Favorable Findings in the Legacy Appeals and AMA (Appeals Modernization) Systems
18:16 Viewer Question: What to do if you have two competing medical examinations (a C&P exam from VA and an exam from a private doctor)
22:07 Viewer Question: Does the Benefit of the Doubt Doctrine help when a veteran’s service records are lost by VA?
25:38 Benefit of the Doubt Doctrine applied to VA Disability Ratings
27:55 How can veterans use VA’s Benefit of the Doubt Doctrine to their advantage in their VA disability claims?
31:20 Cases in which the “at least as likely as not” standard of proof does not apply (for example, Clear and Unmistakable Error (CUE) arguments)
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