04/05/2026
The benefit of the doubt under 38 U.S.C. 5107(b) is not 'tie goes to the runner.' It only triggers after VA weighs the probative value of all evidence and finds it in approximate balance. Most veterans argue equipoise when they should be attacking the adequacy of the VA exam -- a stronger move that can remove the negative opinion from the scale entirely.
VA doesn't owe you the benefit of the doubt just because you have a nexus letter and they have a negative exam. There's a three-step legal sequence most reps skip entirely -- and it's costing veterans their claims.