a. General. Conclusions without supporting analysis and explanation do not comply with statutory requirements. Explain why the decision was made in the reasons and bases. Each disability at issue in a rating must be discussed separately in its own reasons and bases paragraph. Reasoning deductively from the general to the particular, dedicate the first paragraph to the legal justification and the second to the supporting evidence. Reasons and bases paragraphs containing conclusory statements such as, "The evidence does not warrant any change in the prior evaluation" are inadequate without an analysis of the credibility and value of the evidence considered.
b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. Do not quote at length from letters, affidavits, hospital reports, etc.
(1) If service connection is granted, do not relate all the details of treatment in service. A simple statement that the enlistment exam was negative and that beginning on a particular date prior to separation the veteran was treated for whatever condition was diagnosed is usually sufficient. The next entry in the paragraph should be the findings from the current exam or a citation of whatever evidence is necessary to establish chronicity and continuity. If the cause of several claimed disabilities is the same, such as one accident, information concerning the origin need only be discussed in detail once in the reasons and bases paragraph for the first disability of common origin.
(2) When granting service connection, extensive discussion of post service treatment is only necessary if essential to the evaluation.
(3) Cite evidence, both favorable and unfavorable, without partiality, especially when a decreased benefit is under consideration. Compare relevant findings at the time of previous rating with present findings.
c. Current and Next Higher Evaluations. Whenever a separate disability evaluation is assigned for compensation purposes, describe the criteria of the particular diagnostic code which justifies the assigned evaluation. If a higher percentage under that code would be possible, also discuss the criteria for the next higher evaluation. Confine the explanation of the criteria for the assigned and next higher evaluations to the diagnostic code under which the disability is evaluated. In the case of hearing loss or visual impairment, a general statement such as "higher evaluations are assigned for greater loss of hearing (or vision)" will be sufficient.
d. Medical Conclusions. Cite medical information and reasoning linking or separating two disabilities or establishing or refuting prior inception or aggravation. Medical conclusions must be supported by evidence in the claims file. Rating specialists cannot refute medical evidence submitted by the claimant with their own medical opinions. Rating decisions can cite recognized medical treatises or an independent medical opinion to support a conclusion. Such authority, when relied upon, must be identified in the decision.
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allan
M21-1-6 Rating Board Procedure
3.13 REASONS AND BASES
a. General. Conclusions without supporting analysis and explanation do not comply with statutory requirements. Explain why the decision was made in the reasons and bases. Each disability at issue in a rating must be discussed separately in its own reasons and bases paragraph. Reasoning deductively from the general to the particular, dedicate the first paragraph to the legal justification and the second to the supporting evidence. Reasons and bases paragraphs containing conclusory statements such as, "The evidence does not warrant any change in the prior evaluation" are inadequate without an analysis of the credibility and value of the evidence considered.
b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. Do not quote at length from letters, affidavits, hospital reports, etc.
(1) If service connection is granted, do not relate all the details of treatment in service. A simple statement that the enlistment exam was negative and that beginning on a particular date prior to separation the veteran was treated for whatever condition was diagnosed is usually sufficient. The next entry in the paragraph should be the findings from the current exam or a citation of whatever evidence is necessary to establish chronicity and continuity. If the cause of several claimed disabilities is the same, such as one accident, information concerning the origin need only be discussed in detail once in the reasons and bases paragraph for the first disability of common origin.
(2) When granting service connection, extensive discussion of post service treatment is only necessary if essential to the evaluation.
(3) Cite evidence, both favorable and unfavorable, without partiality, especially when a decreased benefit is under consideration. Compare relevant findings at the time of previous rating with present findings.
c. Current and Next Higher Evaluations. Whenever a separate disability evaluation is assigned for compensation purposes, describe the criteria of the particular diagnostic code which justifies the assigned evaluation. If a higher percentage under that code would be possible, also discuss the criteria for the next higher evaluation. Confine the explanation of the criteria for the assigned and next higher evaluations to the diagnostic code under which the disability is evaluated. In the case of hearing loss or visual impairment, a general statement such as "higher evaluations are assigned for greater loss of hearing (or vision)" will be sufficient.
d. Medical Conclusions. Cite medical information and reasoning linking or separating two disabilities or establishing or refuting prior inception or aggravation. Medical conclusions must be supported by evidence in the claims file. Rating specialists cannot refute medical evidence submitted by the claimant with their own medical opinions. Rating decisions can cite recognized medical treatises or an independent medical opinion to support a conclusion. Such authority, when relied upon, must be identified in the decision.
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