Benefit of the Doubt Rule When it comes to the Benefit of the Doubt doctrine, the statute is 38 USC § 5107(b). That statute says: “The [VA] shall consider all information and lay and medical evidence of record in a case before the [VA] with respect to benefits under laws administered by the [VA].  When there is anapproximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the [VA] shall give the benefit of the doubt to the claimant.”

Veterans Assistance Act

Veterans Claims Assistance Act (VCAA), is a law which was passed in 2000 to improve the manner in which the VA assists veterans claiming benefits, and which also set out some basic notice requirements for the VA.

The VA's interpretation of the "benefit of the doubt" regulation:

They "Doubt" the Veteran is going to get any "benefits".