Valor Firm Blog

Board of Veterans Appeals Errs If It Merely Adopts Negative C&P Opinion

I’ve been thinking a lot lately about this comment made last year by the Court of Appeals for Veterans Claims in the Briggs v. Shulkin decision. The [Board of Veterans Appeals] decision reads as though the Board merely regurgitated the VA opinion’s medical history and rationale. Here, the VA examiner did not provide a substantive discussion detailing how he arrived at his conclusions. Although VA examiners do not have an obligation to provide a statement of reasons or bases for their opinions, Acevedo v. Shinseki, 25 Vet.App. 286, 293 (2012), the Board does, and it cannot avoid this responsibility by

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