A Step by Step Application of How a Veteran’s Statement Is Analyzed.
Once someone has established their position as a combat veteran, the next step in the VA claims process is for the VA to analyze their statements and make sure they meet certain conditions. If these conditions are met, the combat veteran’s lay statements regarding the injury or disease will be accepted. In order to analyze these statements, the VA will go through three steps.
STEP 1: The Combat Veteran’s Evidence Must Be Satisfactory during the VA Claims Process
The VA will first focus on the evidence that has been provided by the combat veteran to determine whether it is “satisfactory.” There are three sub-steps involved in making this decision:
STEP 1A: What evidence does the “satisfactory” requirement apply to?
In this case, the “satisfactory” requirement applies only to evidence submitted by the veteran. This could include: their statements, any testimony they make, and any documents they present.
STEP 1B: What does “satisfactory” evidence mean?
According to the U.S. Court of Appeals for Veteran Claims, “satisfactory” means: credible, plausible, or capable of being believed.
STEP 1C: How do you determine whether evidence is “satisfactory?”
- Where testimony is provided in person, the VA may consider: behavior and expressions, plausibility of the testimony, and whether the testimony is consistent with other evidence.
- Where the evidence is a written document, the VA may consider: consistency of that document, plausibility of that document, and consistency of that document when compared to other evidence.
- In any situation where the evidence is equal on both sides, the veteran will get the benefit of the doubt.
Step 2: The Evidence Provided by the Combat Veteran during the VA Claims Process Must Be Consistent with Circumstances of Service
The U.S. Court of Appeals for Veterans Claims has established certain principles they adhere to when determining whether a combat veteran’s lay evidence is consistent with their circumstances of service. The principles are as follows:
- A combat veteran’s medical records shouldn’t be used to determine whether or not their statements are consistent with their circumstances of service. The only exception to this comes when the veteran’s medical records show specific inconsistencies.
- In circumstances where there is equal evidence on both sides, the veteran will receive the benefit of the doubt.
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Aggravation During Combat
Once Step 1 and Step 2 are satisfied, the next step in the VA claims process is to look at any negative evidence that might prove the veteran’s statements to be false. If there is no unfavorable evidence, the VA will accept the combat veteran’s statement.
However, a veterans disability denial attorney should note that even if there is negative evidence, it’s still difficult for the VA to oppose a combat veteran’s statement. That’s because the VA claims process requires the high standard of “clear and convincing” negative evidence to be presented, as opposed to just a “fair preponderance of evidence.”
If you have questions, contact Texas disability lawyer, Marc Whitehead at 800-562-9830 or visit www.disabilitydenials.com.
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