This topic contains information on a claimant’s burden of proof and the Introduction weighing of evidence, including responsibilities of VA and claimants for securing evidence accepting entries a claimant makes on as proof of an VA Form 21-686c event, and evaluating and weighing evidence. Change Date June 8, 2015 VA must make reasonable efforts to assist a claimant in securing evidence, a. Responsibilities but the claimant has the initial burden of proof. This means that always of VA and unless the claimant furnishes evidence on each element needed to establish Claimants for the point at issue, VA must deny his/her claim. Securing Evidence A claimant alleging the existence of a deemed-valid marriage must Example: meet the requirements in to establish the marriage as valid for VA purposes. If the claimant fails to provide evidence showing he/she meets those requirements, VA must deny his/her claim. Nevertheless, VA may, because of its duty to assist, provide reasonable assistance to secure the evidence. For more information on References: VA’s duty to assist in developing claims, see M21-1, Part I, Chapter 1 M21-1, Part III, Subpart iii, 1.A.1, and , or the requirements for establishing a deemed-valid marriage, see M21-1, Part III, Subpart iii, 5.E.7 through 10. b. Accepting Except as noted in , VA will accept the entries a claimant or beneficiary Entries a makes on as sufficient proof of VA Form 21-686c Claimant Makes on VA marriage Form 21-686c dissolution of a marriage as Proof of an birth of a child Event introduction of a stepchild into a Veteran’s family, or death of a dependent. Notes: Unless there are inconsistencies in a claimant’s statement, the policy described in the above paragraph allows ROs to establish the existence of a familial relationship between a Veteran and another individual without reviewing the claims folder. It is appropriate to request further evidence from a claimant is if substantial reason to challenge his/her entries on (A VA Form 21-686c. substantial reason is something beyond mere suspicion or doubt.)
Introduction This topic contains information on a claimant’s burden of proof and the weighing of evidence, including responsibilities of VA and claimants for securing evidence accepting entries a claimant makes on VA Form 21-686c as proof of an event, and evaluating and weighing evidence. Change Date June 8, 2015 a. Responsibilities of VA and Claimants for Securing Evidence VA must make reasonable efforts to assist a claimant in securing evidence, but the claimant always has the initial burden of proof. This means that unless the claimant furnishes evidence on each element needed to establish the point at issue, VA must deny his/her claim. Example: A claimant alleging the existence of a deemed-valid marriage must meet the requirements in to establish the marriage as valid for VA purposes. If the claimant fails to provide evidence showing he/she meets those requirements, VA must deny his/her claim. Nevertheless, VA may, because of its duty to assist, provide reasonable assistance to secure the evidence. References: For more information on VA’s duty to assist in developing claims, see M21-1, Part I, Chapter 1 M21-1, Part III, Subpart iii, 1.A.1, and , or the requirements for establishing a deemed-valid marriage, see M21-1, Part III, Subpart iii, 5.E.7 through 10. b. Accepting Entries a Claimant Makes on VA Form 21-686c as Proof of an Event Except as noted in , VA will accept the entries a claimant or beneficiary makes on VA Form 21-686c as sufficient proof of marriage dissolution of a marriage birth of a child introduction of a stepchild into a Veteran’s family, or death of a dependent. Notes: Unless there are inconsistencies in a claimant’s statement, the policy described in the above paragraph allows ROs to establish the existence of a familial relationship between a Veteran and another individual without reviewing the claims folder. It is appropriate to request further evidence from a claimant if is substantial reason to challenge his/her entries on VA Form 21-686c. (A substantial reason is something beyond mere suspicion or doubt.)
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