Was "reasonable Doubt" Specifically Addressed In Your Decision?

[tssnave]

I have been reading through the great book that Betrayed suggested we get (The Veteran's Survival Guide: How to File and Collect on VA Claims, Second Edition (Paperback) by John D. Roche) and it states that there should be a statement that the VA looked the claim over under the doctrine of reasonable doubt.

I just checked my Decision and nowhere in there is anything about Reasonable Doubt.

For those of you who have a Decision (or multiple Decisions), please check them and tell me if there is a sentence in them that addresses Reasonable Doubt in any way and if so, please post the exact wording used in your Decision regarding Reasonable Doubt.

Thanks,

TS Snave

[luvHIM]

I have two decisions and an SOC. NONE of them address the "Reasonable Doubt" law, yet, my claim could have been granted based on "Reasonable Doubt." But I'm sure the BVA will catch it at my appeal hearing.

[71M10]

Nope not mentioned at all, decision was from May of 2007.

[rdawg]

there is no doubt the the VA will not be reasonable. That's what is said in my denial.

[tssnave]

rdawg,

Is that a direct verbatim quote from your Decision? If not, please post what your Decision said word for word.

Thanks,

TS

[Chuck75]

Never was a statement containing "reasonable doubt" in the one unfavorable decision I received. Just we have decideded that ____ is not service connected, even though the condition occurred during active service. No other amplification was ever received or found in my "C" file.

I have been reading through the great book that Betrayed suggested we get (The Veteran's Survival Guide: How to File and Collect on VA Claims, Second Edition (Paperback) by John D. Roche) and it states that there should be a statement that the VA looked the claim over under the doctrine of reasonable doubt.

I just checked my Decision and nowhere in there is anything about Reasonable Doubt.

For those of you who have a Decision (or multiple Decisions), please check them and tell me if there is a sentence in them that addresses Reasonable Doubt in any way and if so, please post the exact wording used in your Decision regarding Reasonable Doubt.

Thanks,

TS Snave

[cloudcroft]

There is no VA rule/regulation re: "Reasonable Doubt" (RD) that I know of, but there IS a VA rule/regulation re: "Benefit of Doubt." (BoD)

BoD, however, only applies in one particular situation, and this has already been discussed in-depth before...look up the earlier posts (do a search) here.

I think people get confused on this and try to apply BoD where it was never meant to apply, and so it doesn't apply.

-- John D.

EDIT: I looked online and it appears that these two terms -- RD and BoD -- are used to mean the same thing (rule) and defined identically. Still, it only applies in one situation.

-- JD

Edited November 7, 2007 by cloudcroft