Do not count records like votes. Determine what each item actually establishes, whether it is reliable and relevant, and how it fits with contrary evidence. Explain the material weighing choices.
Read the full plain-English explanation · V.ii.1.A · 42 sections
Review evidence fairly and identify what still needs development
All numbered blocks in this captured article are explained. Exact address, form-version and lookup tables, maps and image-only exhibits remain in the linked original. Source inconsistencies and historical interface descriptions are identified where found. Separate benefit, legal and internal-system requirements remain applicable; this explanation does not automate every referenced procedure.
V.ii.1.A.1.a · Recognize the different kinds of evidence
Evidence is material offered to establish a fact. It can include statements, documents, physical objects, or illustrations such as maps. Direct evidence addresses the fact itself; circumstantial evidence supports a reasonable inference from other established facts. Consider what each item can actually demonstrate.
V.ii.1.A.1.b · Use VA's evidence rules and the correct timing authority
VA uses its statutes, regulations, policies, and binding precedents rather than the Federal Rules of Evidence used in court. Develop the claim sympathetically and apply reasonable doubt without treating the claimant as an adversary. The correct substantive and procedural requirements still apply.
Source qualification: its retroactivity exception conflates judicial decisions with new statutes or regulations. VAOPGCPREC 7-2003 distinguishes them: judicial rules generally apply to cases still open on direct review, while new statutes and regulations require analysis of their stated reach and prohibited retroactive effects. General Counsel precedent may be an administrative issue for effective-date purposes, but a particular award still requires the appropriate effective-date analysis.
V.ii.1.A.1.c · Separate facts from the legal outcome
First decide what facts the evidence establishes. Then apply the governing legal requirements to those facts. A conclusion that a benefit is or is not payable must be supported by the necessary factual findings.
V.ii.1.A.1.d · Confirm readiness before drafting a decision
Check that all issues have been recognized, required notice and assistance have been completed or properly discharged, and any other applicable due process has been followed. Evaluate the evidence for decision after that review; an unresolved required development action is not cured by starting the narrative.
V.ii.1.A.1.e · Keep personal reactions out of the decision
Remain objective, fair, and courteous. A claimant's criticism, anger, or abusive behavior must not influence the assessment of evidence or entitlement.
V.ii.1.A.1.f · Work through the evidence in a reasoned sequence
Identify the facts and standard of proof required for the benefit and procedural posture. Separate material evidence from information unrelated to those questions. For each relevant item, assess whether its source can establish the fact and whether there is a supported reason to question credibility.
Then weigh the persuasive evidence together, resolve factual questions, and apply the legal requirements. Explain why evidence is more or less persuasive, especially when discounting favorable material. Competency, credibility, and weight are related but different questions; do not replace this analysis with a count of documents.
V.ii.1.A.1.g · Recognize rating's evidence-review responsibility
Rating determines the admissibility and weight of evidence, whether more evidence is needed, and whether an examination is sufficient or required. Follow IV.i.2.A.1 for who may request a particular examination or opinion. Development staff still perform their assigned readiness and evidence-gathering work.
V.ii.1.A.1.h · Apply all governing authorities
Rating must consider the applicable statutes, regulations, schedule, policies, procedures, and binding administrative and court decisions. A convenient manual example does not displace a more specific controlling requirement.
V.ii.1.A.1.i · Use the standard of proof for the particular question
Relative equipoise concerns evidence in approximate balance; preponderance means the greater persuasive weight; affirmative contrary evidence can rebut the particular presumed matter under its governing rule. Clear and convincing and clear and unmistakable are stronger standards, with the latter requiring an undebatable result.
These are qualitative standards, not percentages assigned by counting favorable and unfavorable documents. Identify the standard required for the actual presumption, adverse action, or entitlement issue before evaluating whether it is met.
V.ii.1.A.1.j · Resolve approximate balance in the claimant's favor
After considering the procurable evidence, resolve reasonable doubt about service origin, degree of disability, or another covered factual point in the claimant's favor. Items of evidence do not all carry equal weight.
Read the source's tie analogy with Lynch: evidence need not be exactly equal; nearly equal or approximately balanced evidence can trigger the rule. The rule does not replace the development obligation or a separately applicable heightened standard.
V.ii.1.A.1.k · Use presumptions only after their triggering facts are established
A presumption supplies a legal inference once the required underlying facts are shown; it is not another medical document to put on the scale. Determine the specific soundness, aggravation, or service-connection presumption, its triggering facts, and the evidence and burden required to rebut it.
The source's general burden-shifting description is not a universal formula. Apply the particular presumption's rules, including any requirement that VA prove more than one element to a heightened standard.
V.ii.1.A.2.a · Distinguish receiving evidence from being allowed to consider it
Most submitted evidence becomes part of the claims record. Formal testimony certification, duplicate-record handling, and the closed evidentiary record for higher-level review have specific rules. Evidence received during an HLR is not automatically evidence the HLR reviewer may consider on the merits; use the correct lane and record-handling procedure.
V.ii.1.A.2.b · Question credibility only for a supported reason
Generally accept evidence at face value unless other evidence or sound principles raise a real concern. Assess plausibility, consistency within the statement and with other evidence, relevant witness demeanor, and supported bias. For the supplemental-claim new-and-relevant threshold, apply the credibility presumption; merits review then assesses credibility, competency, and weight normally.
The loadmaster example shows a statement consistent with verified duties and location. Do not turn the clerk/parachute example into an automatic rule that a job title or a missing entry proves an event never happened. Establish the relevant factual foundation, consider other evidence, and complete required development before making an adverse credibility finding.
V.ii.1.A.2.c · Ask whether this source can establish this fact
A medically qualified person may provide diagnoses or opinions within their education, training, and experience. Authoritative medical writings can also supply medical evidence. A lay person may establish matters personally known and observable without specialized expertise. Evidentiary competency here is different from a beneficiary's competency to manage funds.
V.ii.1.A.2.d · Ask what the evidence makes more or less likely
Evidence is probative when it meaningfully supports or undermines a fact needed for the determination. Its value may emerge alone or together with other evidence.
V.ii.1.A.2.e · Evaluate the quality and reasoning of the evidence
Consider competency, credibility, completeness, precision, relevance, and timing. For medical evidence, assess the provider's expertise and experience, knowledge of the relevant history, accuracy of that history, review or treatment background, purpose of the assessment, reasoning, specificity, and degree of certainty.
Evidence from a source unable to address the particular fact, or evidence found not credible for supported reasons, does not establish that fact. Explain the determination instead of treating a provider's title, VA affiliation, or number of visits as an automatic ranking.
V.ii.1.A.2.f · Distinguish evidence supporting and opposing a fact
Positive evidence supports the claimant's position. Negative evidence opposes it, either through affirmative information or a properly supported inference from silence. Absence becomes negative evidence only when the required foundation exists under 2.g.
V.ii.1.A.2.g · Do not treat every missing entry as proof against the claim
Before drawing an adverse inference from silence, establish why the event or symptom would ordinarily have been recorded in the records available. Missing proof of a required element is different from evidence affirmatively disproving that element.
Consider competent lay statements with the whole record. A claim may remain unproven when no sufficient positive evidence establishes a required fact, but do not invent negative weight merely from that evidentiary gap or use it to avoid required assistance.
V.ii.1.A.2.h · Apply the limits on using silence and delayed reports
Relevant accident circumstances can support an inference when tied to the actual issue, as in the source's Forshey example. But lack of a record or report of an unreported sexual assault cannot be used as evidence that the assault did not occur.
A lengthy interval without complaints can be relevant in an appropriate factual setting, but absence of contemporary medical documentation alone does not make lay evidence incredible. Apply the full-history and foundation analysis instead of using a fixed time-without-treatment denial rule.
V.ii.1.A.2.i · A weak merits opinion may still require development
Evidence suggesting a possible relationship may meet the examination threshold even when it is too uncertain or nonspecific to establish the claim on the merits. Apply all examination-need elements. Do not use absent evidence as substantive negative evidence to declare the duty to assist satisfied.
V.ii.1.A.3.a · Do not automatically prefer or discount a treating provider
VA does not give a treating physician's opinion controlling weight merely because of the treatment relationship. Familiarity with the disability history can nevertheless make the opinion more persuasive when it supports a well-reasoned assessment.
V.ii.1.A.3.b · Identify what type of medical assessment is provided
A diagnosis identifies an injury or disease; an opinion addresses a medical question such as cause or onset; an examination gathers relevant clinical facts; and a history recounts symptoms, events, habits, or treatment. An opinion can be informed by an existing examination and records without requiring a new examination every time.
V.ii.1.A.3.c · Check the factual history and the medical reasoning separately
Do not reject a medical assessment simply because it relies partly on the claimant's history. Generally accept that foundation unless the evidence establishes that it is inaccurate or untenable, then weigh the assessment with the rest of the record.
A report that merely repeats the claimed history without supplying a medical rationale is not an adequate nexus opinion. Determine whether the clinician actually analyzed the medical question rather than assuming every recorded history is a medical endorsement.
V.ii.1.A.3.d · Use sufficient records-based examinations and correct the older ACE restriction
ACE allows a clinician to complete the relevant questionnaire using adequate existing records, with a telephone interview when needed, if the condition and request permit that process. A questionnaire still must provide an accurate, complete picture and answer the required questions.
Source update: the statement that non-VA examiners cannot use ACE is outdated. VA's contract-examination requirements permit vendor ACE when the evidence is sufficient and an in-person examination has not been required. Follow current IV.i.2.A.4 and the applicable exclusions; do not reject a report merely because an authorized contractor used ACE.
V.ii.1.A.3.e · Do not substitute your own medical opinion
Rating cannot reject expert medical evidence using an unsupported medical conclusion of its own. Identify an evidentiary or reasoning problem and obtain appropriate clarification or medical evidence when needed.
V.ii.1.A.3.f · Support medical conclusions with record evidence
A finding about the relationship between disabilities, onset, or aggravation needs supporting medical information and reasoning in the folder. If a treatise or independent medical opinion is relied on, explain that reliance in the decision.
V.ii.1.A.3.g · Check whether the opinion answers the actual questions
The opinion must address every requested medical question and connect a clear conclusion to supporting facts and analysis. Its rationale should identify the relevant medical principles, case evidence, and reasoning so competing opinions can be meaningfully compared.
Read the report as a whole, including history, tests, and findings. It is adequate when based on the correct facts and sufficiently clear, consistent, and detailed to answer the medical question. Do not require a particular phrase while ignoring an otherwise complete explanation, or accept an unexplained conclusion because it uses the expected phrase.
V.ii.1.A.3.h · Keep adjudication independent from providing medical evidence
Even a medically trained rating employee cannot write the medical opinion for the case. A person who examined or treated the claimant cannot then perform a rating role in a decision considering that report. Rating staff must not conduct a physical examination during a hearing.
V.ii.1.A.3.i · Review prisoner-of-war protocol reports carefully
A former-POW protocol examination may contain the background needed to relate current symptoms to the internment experience. Consider that information with the applicable POW presumptions and other evidence.
V.ii.1.A.3.j · Use STRs without treating them as the whole case
Service treatment records often carry substantial weight, but they do not alone resolve every service-connection issue. A current disability and any required relationship to service must also be established through the applicable evidence or presumption.
V.ii.1.A.3.k · Avoid an unnecessary repeat examination
A physician's statement can be sufficient for rating when it supplies the needed clinical manifestations and supports the diagnosis with generally accepted findings or diagnostic methods. Examples include appropriate pathology, imaging, or laboratory evidence. Do not order another examination solely because the sufficient evidence came from outside VA.
V.ii.1.A.4.a · Give non-VA evidence an objective review
Private medical and lay evidence is not inherently less valuable than VA evidence. Accept it at face value unless there is a supported competency or credibility concern, then assess both VA and non-VA material under the same evidence principles.
V.ii.1.A.4.b · Explain how conflicting accounts are resolved
Consider supported interest or bias, each witness's opportunity to know the facts, and consistency and plausibility of the accounts. Do not resolve a conflict through personal preference or an unsupported assumption that one category of witness is always more reliable.
V.ii.1.A.5.a · Weigh the complete record fairly
After assessing the individual items, consider the evidence together. Assign weight for explained reasons, not arbitrarily or to reach a predetermined outcome.
V.ii.1.A.5.b · Ask questions that test the opinion's foundation
Consider timing in relation to service, supporting clinical data, knowledge of the relevant history, clarity and detail of reasoning, and whether the source had personal knowledge or relied on another account. None of these questions replaces an overall assessment of the opinion's reasoning and factual accuracy.
V.ii.1.A.5.c · Follow persuasive evidence while still checking every required element
When the relevant evidence strongly favors one conclusion, decide consistently with it. Do not invent adverse evidence to defeat a supported claim. The source's statement about all-favorable evidence must be read with the requirement that the facts establish the necessary benefit elements; one favorable item on one element does not prove all others.
V.ii.1.A.5.d · Resolve approximately balanced evidence favorably
When the procurable evidence is in approximate balance on a covered factual matter, resolve reasonable doubt in the claimant's favor. A mathematically exact tie is not required.
V.ii.1.A.5.e · Do not mistake uncertainty for a negative opinion
An examiner's adequately explained inability to give an opinion is neither positive nor negative support on that question. Describe its limited value rather than calling it nonexistent evidence, and determine whether further clarification or development is required.
Source qualification: its phrase only when in equipoise must be understood as approximate balance, including nearly equal evidence, under Lynch. The rule does not apply when the evidence persuasively favors one side; exact equality is not the threshold.
V.ii.1.A.5.f · Use the example for balancing, not for its imprecise benefit label
The example presents opposing opinions about PTSD's role in a Veteran's suicide with no compelling reason to prefer either. Its lesson is favorable resolution of the approximately balanced disputed causal fact.
The concluding label calls this a grant of service connection for PTSD even though the described dispute concerns cause of death. Do not use that shorthand to skip identifying the actual pending benefit, the PTSD service relationship, or the cause-of-death requirements.
V.ii.1.A.5.g · Explain the final evidentiary conclusion
Discuss the material favorable and unfavorable evidence and explain why one position is more persuasive or the evidence is approximately balanced. Relate that assessment to the factual question and resulting decision.
V.ii.1.A.6.a · Make supported findings without disparaging the claimant
Assess competency, probative value, and credibility when genuinely raised, while remaining objective and courteous. Support inferences with the record and governing rules. Do not arbitrarily refuse weight to the claimant's evidence.
If evidence is not credible, explain the factual reason rather than labeling the claimant a liar. Do not diminish a treating physician's opinion merely by accusing the physician of advocating for the patient.
V.ii.1.A.6.b · Develop and decide in a non-adversarial manner
VA has no advocate assigned to defeat the claim and no policy to minimize benefits. Apply the claimant-favorable rules impartially, award when the facts and law support it or reasonable doubt resolves the necessary factual question, and deny only when the applicable requirements are not met.
Explanation checked 2026-09-09. Read the original rule and its linked authorities →