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Sean Kendall

Expert Reports Can Be Rejected by Board for Lack of Credibility

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The BVA can may try to use the veteran’s lack of credibility as a basis for denying the claim.  In this case, the veteran had not one but two independent exams in support of the claim.  However, he still lost because the expert wintess relied on vet’s statements and the Board found that those statements were not credible.  To overcome this, have the veteran's expert can find some objective basis for a favorable finding, so that any lack of credibility of witnesses is irrelevant.Jolly v. Sinseki , 11-3495 (Feb. 15, 2013)

Category: Veterans Affairs

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