Adopting the Benefit-of-the-Doubt Rule in Veterans’ Affairs Adjudication That Congress Intended
Journal
American University Law Review Forum
Volume
73
Abstract
This Comment examines the Federal Circuit’s interpretation of 38 U.S.C § 5107(b), more commonly known as the “benefit-of-the-doubt” rule as it applies to the adjudication of claims by the U.S. Department of Veterans Affairs. The benefit-of-the-doubt rule is a unique standard of proof in American jurisprudence in that, by its own text, purports to instruct the Department of Veterans Affairs to give claimants the benefit of the doubt in situations where the available evidence does clearly support a case for benefits. This Comment proceeds by reviewing the history of veteran benefits adjudication in the United States and the regulatory history of the benefit-of-the-doubt rule. It continues by analyzing the statutory history of § 5107(b) and case law interpreting it using recognized canons of statutory construction. Ultimately, this Comment concludes that the Federal Circuit has likely misinterpreted § 5107(b), narrowing its application, despite textual and Congressional evidence that it should apply more broadly than tie-breaking scenarios.
Recommended Citation
Galarza, Christopher L., "Adopting the Benefit-of-the-Doubt Rule in Veterans’ Affairs Adjudication That Congress Intended" (2024). Celebrating WCL Student Authors. 76.
https://digitalcommons.wcl.american.edu/stusch_lawrev/76