When evidence is in approximate balance, 38 USC § 5107(b) requires VA to resolve doubt IN YOUR FAVOR. Cite this rule explicitly in appeals — VA raters can forget it applies.
📑 On this page
The benefit of the doubt doctrine
Key concept. Under 38 U.S.C. § 5107(b), when the evidence on a material issue is in “approximate balance” — meaning it could go either way — the VA is legally required to resolve the doubt in favor of the veteran. This is one of the most important and underused doctrines in VA practice.
How to invoke it
Cite it explicitly in your appeals:
“Pursuant to 38 U.S.C. § 5107(b), the evidence of record is in approximate balance on the question of [X], and benefit of the doubt should be resolved in favor of the appellant.”
VA raters and Board judges know this rule. Reminding them that they are legally obligated to apply it when the evidence is close can move close cases your way.
Other resources — tools · conditions · how to file · forms · FAQ