Benefit Of The Doubt Or Etiologically

[add55p]

All

While both are awarded decisions, which of the following categorized BVA decisions are more beneficial for the Veteran

.

1. Giving the Veteran the Benefit of the Doubt based on a balance of evidence (relative equipoise).

OR

2. Board finds that the current condition is Etiologically related to Service.

Add

[Gastone]

Both may be winners, 1st is a 50/50 where Vet gets the "Jump Ball," 2nd might actually be better when considering future Secondary or aggravation claims. But a WIN, clean or Dirty is still a Win. Which type of Decision would be easier for the VA to put up for reduction in the future, if either, I would lean towards "Jump Ball" Award.

Semper Fi

Gastone

[georgiapapa]

I agree with Buck and with add55p. I could see where a VA rater might give a lower rating when the BVA finds the evidence is 50/50 and the veteran is given the benefit of the doubt, especially if the VA rater did not agree with the BVA opinion. JMO

GP

[lotzaspotz]

Etiologically provides a stronger foundation for future claims for increase, as well. BOD implies a borderline decision where the evidence sits on the 50/50 teeter-totter. However, a win is a win.

[Berta]

I consider them to be equally good in most cases..

My BVA 2009 decision stated it this:

"Based on this evidence, the Board finds that the weight of
the evidence is in relative equipoise exists in this case.
Resolving reasonable doubt in the appellant's favor, the
Board finds that the criteria for service connection for the
cause of the Veteran's death have been met, and the service
connection for the cause of the Veteran's death is warranted.
38 U.S.C.A. § 5107; 38 C.F.R. § 3.102.

ORDER

Service connection for the cause of the Veteran's death is
granted."

But they could have just as easily stated that the veteran's DMII was 'etiologically' related to his Vietnam Service., because it was an AO presumptive.

Then again...I had to prove the VA never diagnosed and never treated his DMII at all, first.

Interesting discussion......