b. Definition: is a blanket term for the fact finding of whether evidence is Credibility Credibility believable or not believable. Except in the case of claims to reopen, there is generally not a formal presumption of credibility. However, as a matter of policy, VA decision makers should accept evidence at face value unless called into question by other evidence of record or sound medical or legal principles. VA decision makers are expected to make credibility determinations when credibility is raised by the evidence available. Factors to consider in making a fact finding of credibility include facial plausibility consistency with other evidence submitted internal consistency demeanor of a witness (who is offering in person testimonial evidence), and interest/bias. Veteran submits a statement as part of his claim for service Example: connection that he injured his low back in the Air Force while loading cargo onto a C-130 aircraft during an exercise in July 2002. Personnel records reveal the Veteran served in the Air Force as a loadmaster and participated in a military exercise in the Philippines in July 2002. The statement, when viewed along with the evidence of Analysis: Veteran’s record, appears believable. Therefore, the statement is credible. Veteran submits a statement along with his claim indicating he Example: injured his low back during multiple parachute jumps in the Army from 1980 through 1983. Personnel records reveal occupation during service Veteran’s was There were no records indicating that the Veteran was involved “clerk.” in parachuting operations. The statement, when viewed with other evidence, is not Analysis: Veteran’s believable. Therefore, the statement is not credible. For more information on findings of credibility, see 7 Vet.App. Reference: 508 (1995). refers generally to evidence offered from a qualified c. Definition: Competent evidence Competent source. A determination of evidentiary competency involves analysis of Evidence whether a person offering evidence is qualified to establish a matter. means evidence provided by a person who is Competent medical evidence qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings
b. Definition: Credibility Credibility is a blanket term for the fact finding of whether evidence is believable or not believable. Except in the case of claims to reopen, there is generally not a formal presumption of credibility. However, as a matter of policy, VA decision makers should accept evidence at face value unless called into question by other evidence of record or sound medical or legal principles. VA decision makers are expected to make credibility determinations when credibility is raised by the evidence available. Factors to consider in making a fact finding of credibility include facial plausibility consistency with other evidence submitted internal consistency demeanor of a witness (who is offering in person testimonial evidence), and interest/bias. Example: Veteran submits a statement as part of his claim for service connection that he injured his low back in the Air Force while loading cargo onto a C-130 aircraft during an exercise in July 2002. Personnel records reveal the Veteran served in the Air Force as a loadmaster and participated in a military exercise in the Philippines in July 2002. Analysis: The Veteran’s statement, when viewed along with the evidence of record, appears believable. Therefore, the statement is credible. Example: Veteran submits a statement along with his claim indicating he injured his low back during multiple parachute jumps in the Army from 1980 through 1983. Personnel records reveal Veteran’s occupation during service was “clerk.” There were no records indicating that the Veteran was involved in parachuting operations. Analysis: The Veteran’s statement, when viewed with other evidence, is not believable. Therefore, the statement is not credible. Reference: For more information on findings of credibility, see 7 Vet.App. 508 (1995). c. Definition: Competent Evidence Competent evidence refers generally to evidence offered from a qualified source. A determination of evidentiary competency involves analysis of whether a person offering evidence is qualified to establish a matter. Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings