BVA–Bad Company–And I won’t deny it


  Better not pout. Better not lie. Better tell the truth ’cause I’m tellin’ you why… I did not know Veterans could be such inherently bad, disreputable, untrustworthy persons until I started reading VA claims.

Additionally, the Veteran is not only providing a medical opinion, but is also the claimant.  Thus, he has an interest in the outcome of that to that upon which he has opined.  This interest in the outcome impacts negatively on his credibility and  further reduces the weight of his opinion.  Cartwright v. Derwinski, 2 Vet. App. 24, 25 (1991) (“Although interest may affect the credibility of testimony, it does not affect competency to testify.”); see also Caluza v. Brown, 7 Vet. App.  498, 511 (1995) (“The credibility of a witness can be impeached by a showing of interest, bias, inconsistent statements, or, to a certain extent, bad character”).

http://www4.va.gov/vetapp10/files3/1029274.txt

You could almost put that to music. Use Bad Co.’s theme song and substitute “Bad character-and I won’t deny it”.” Who do these people think they are? And why would anyone try to besmear a Veteran who defended our country? Only in the military is one presumed guilty until proven innocent. Fortunately, that doesn’t apply to Vets- or does it?

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About asknod

VA claims blogger
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