Ro Soc, Bva Summaries

[dav_marine72]

Hi Everyone,

Does anyone know when an RO issues a SOC or the BVA issues a decision they have to include positive evidence to show the balance was not in favor of the Veteran. Every SOC from my RO and my BVA decision mostly only talked about the negative evidence versus my pile of positive evidence. I wasn't sure if they just have to give you the evidence for denial or have to weigh it out in the SOC or decision. It would seem to me under the law for reasonable doubt and weight of evidence they should include both sides of the story and tell you how their side outweighed yours no?

[dav_marine72]

Yes I am. Thanks Berta!

[john999]

My lawyer filed a CUE based on a final decision in which my private doctor's medical report was not listed or even considered. Now this is a final decision that was not appealed. The VA listed hospital reports from the Army and the VA but did not list or consider my doctor's written report although there is proof in the record they had the report. It seemed to me and my lawyer that you cannot have due process if the VA simply refuses to consider crucial evidence just because it contradicts their doctor's take on things. I just don't understand how a decision can be made if all evidence is not considered or evaluated. The only way to know if they evaluated it is if they refer to it or list it. This is just common sense. There own regs require they consider all the evidence. The way they weigh the evidence is something else. Benefit of doubt is a concept they use when they have already made up their minds and they throw that in as a kicker.

[dav_marine72]

I hear you John. Right inline with my thoughts. Thanks for the post.