The Board has thoroughly reviewed all the evidence in the Veteran's claims file. Although the Board has an obligation to provide reasons and bases supporting this decision, there is no need to discuss, in detail, all of the evidence submitted by the Veteran or on her behalf. See Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000) (finding that the Board must review the entire record, but does not have to discuss each piece of evidence). The Board wishes to emphasize this point with regard to the claims on appeal. The Veteran's case currently encompasses 11 claims files spanning 20 years of active adjudication. The analysis below focuses on the most salient and relevant evidence and on what this evidence shows, or fails to show. The Veteran should not assume that the Board has overlooked pieces of evidence that are not explicitly discussed herein. See Timberlake v. Gober, 14 Vet. App. 122 (2000) (holding that the law requires only that the Board address its reasons for rejecting evidence favorable to the claimant). The Board is well aware that it cannot reject evidence favorable to the Veteran without discussing it. See Daves v. Nicholson, 21 Vet. App. 46 (2007). In this regard, the Board will discuss such favorable evidence individually when such a discussion is required to properly weigh that evidence. However, to the extent that the multiple pieces of evidence address the same argument or advance the same evidentiary point, the Board will discuss that argument or the evidentiary point itself rather than the specific documents which advance them.
Question
broncovet
This is a quote from a board decision: Veterans note this when appealing:
http://www.va.gov/vetapp11/Files2/1116940.txt
from the above decision:
The Board has thoroughly reviewed all the evidence in the Veteran's claims file. Although the Board has an obligation to provide reasons and bases supporting this decision, there is no need to discuss, in detail, all of the evidence submitted by the Veteran or on her behalf. See Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000) (finding that the Board must review the entire record, but does not have to discuss each piece of evidence). The Board wishes to emphasize this point with regard to the claims on appeal. The Veteran's case currently encompasses 11 claims files spanning 20 years of active adjudication. The analysis below focuses on the most salient and relevant evidence and on what this evidence shows, or fails to show. The Veteran should not assume that the Board has overlooked pieces of evidence that are not explicitly discussed herein. See Timberlake v. Gober, 14 Vet. App. 122 (2000) (holding that the law requires only that the Board address its reasons for rejecting evidence favorable to the claimant). The Board is well aware that it cannot reject evidence favorable to the Veteran without discussing it. See Daves v. Nicholson, 21 Vet. App. 46 (2007). In this regard, the Board will discuss such favorable evidence individually when such a discussion is required to properly weigh that evidence. However, to the extent that the multiple pieces of evidence address the same argument or advance the same evidentiary point, the Board will discuss that argument or the evidentiary point itself rather than the specific documents which advance them.
Link to comment
Share on other sites
Top Posters For This Question
4
2
1
1
Popular Days
Nov 18
4
Nov 19
3
Nov 17
1
Top Posters For This Question
broncovet 4 posts
Capt. 2 posts
john999 1 post
Vync 1 post
Popular Days
Nov 18 2011
4 posts
Nov 19 2011
3 posts
Nov 17 2011
1 post
7 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now