#17 Benefit of the Doubt Rule

[VETOVET]

Benefit of the Doubt Rule When it comes to the Benefit of the Doubt doctrine, the statute is 38 USC § 5107(b). That statute says: “The [VA] shall consider all information and lay and medical evidence of record in a case before the [VA] with respect to benefits under laws administered by the [VA].  When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the [VA] shall give the benefit of the doubt to the claimant.”

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