tdiu "the Benefit Of The Doubt Belongs To The Claimant"

[BoonDoc]

I was reading some "food for thought" that Berta suggested for me in my claim denied for TDIU. My last employer submitted 2 responses from the Form 21-4192 that I had completed. This made it look like I had two different jobs at the same time, and worked longer than I did without a break in employment like I had.

They listed the apartments that I managed, and the parent company that owned them that I really didn't have anything to do with.

Well, I am proud to my "smart...just like a woman" wife saved all of our tax records since we were married, so I have proof of what I'm saying. I also have statements from others as to this.

Now to the "food for thought" in the M2-1, part 3, change 129, Transmittal that I have copied and highlighted states:

a. The reasonable doubt rule is found at 38 CFR 3.102. Every person involved in the adjudication of compensation and pension claims must be thoughly familiar with this regulation.

b. The benefit of the doubt belongs to the claiment, if there is a balance of evidence supporting and against factual issue, VA must make a factual determination in favor of the claimant. In Gilbert v Dervinski, no. 89-53 of the Court of Veterans Appeals (now CAVC).

If the evidence is approxitmately balanced, resolve doubt in favor of the claiment.

I know that they see the evidence a little different than I have, but if your case is hanging on some issue like mine, my word against my former employer, who I can prove bias, since I caused them a repremand and a hefty fine from HUD because my old tenant record from before I took over the management of the apartments caused a "black eye" for the company after we were long gone trying to forget the whole experience!

Anyway, thanks to Berta, I have a little more ammo to help my claim.

Oh yeah, .... Thanks Berta! :D

Boondoc

[vaf]

The attorney in Arkansas was Clark Evans first out of Judsonia, and then out of Little Rock. His phone number has been disconnected, and his website not operating any longer.