Missing Records

[grent]

IF A VETERAN LOCATES MISSING MEDICAL RECORDS AND IN THE RECORDS FURTHER MISSING RECORDS ARE NOTED BUT NOT LOCATED

IF THOSE MISSING RECORDS ARE NOT LOCATED CAN THE BENIFIT OF DOUBT BE APPLIED SINCE THE RECORDS ARE NOTED BUT CANT BE FOUND

SAY IF LIKE THEY WERE OUTPATIENT RECORDS AT A DENTAL OR HEART CLINIC

I MEAN IF THEY ARE LOST BUT NOTED IN THE SMR IS THE VA RESPONSIBLE SINCE THEY COULD HELP PROVE

A PERSONS CASE THANKS

[carlie]

http://ecfr.gpoaccess.gov/cgi/t/text/text-....46&idno=38

§ 3.102 Reasonable doubt.

It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case.

When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant.

By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim.

It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility.

It is not a means of reconciling actual conflict or a contradiction in the evidence.

Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire, complete record otherwise warrants invoking this doctrine.

The reasonable doubt doctrine is also applicable even in the absence of official records,

particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships.

(Authority: 38 U.S.C. 501)

[50 FR 34458, Aug. 26, 1985, as amended at 66 FR 45630, Aug. 29, 2001]