When you file a VA disability claim, you are essentially making the case that your condition is connected to your military service. Like any claim or legal process, there’s a burden of proof involved. Basically, what level of proof do you need to send to the VA to win your claim.

Many veterans get tripped up here because they don’t understand what the VA is looking for—or how much evidence is actually required to win a claim.

The good news? The VA system is designed to give veterans the “benefit of the doubt.” But you still need to present enough evidence to tip the scales in your favor.

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What Does “Burden of Proof” Mean?

In the VA claims process, the burden of proof is much lower than in other legal systems. Unlike criminal law, which requires proof “beyond a reasonable doubt,” the VA uses a much more favorable standard for veterans:

• 38 U.S.C. § 5107(b): The law says that when the evidence for and against a claim is in “approximate balance,” the VA must give the veteran the benefit of the doubt.
• 38 C.F.R. § 3.102: The regulation explains that reasonable doubt will always be resolved in favor of the claimant.

This is known as the “at least as likely as not” standard. If it’s just as likely that your disability is related to service as it is not, the VA must grant the claim.

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Key Court Cases Defining the Burden of Proof

Several landmark court decisions have clarified how the VA must apply this standard:

• Gilbert v. Derwinski, 1 Vet. App. 49 (1990): Confirmed that if the evidence is in relative equipoise, the veteran wins. It compared the VA’s standard to a “50/50” tie that must be resolved in the veteran’s favor.
• Ortiz v. Principi, 274 F.3d 1361 (Fed. Cir. 2001): Reinforced that the benefit-of-the-doubt rule applies only when the evidence is in approximate balance—not when the evidence against the claim outweighs the evidence for it.
• Alemany v. Brown, 9 Vet. App. 518 (1996): Clarified that a medical opinion does not need to be certain; an “at least as likely as not” opinion is enough.
• Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007): Held that lay evidence can be competent to establish a diagnosis when the condition is observable (like varicose veins or a broken bone).

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The VA’s Duty to Assist

• 38 U.S.C. § 5103A establishes the VA’s duty to assist, requiring them to help veterans gather records, provide medical exams, and notify them about what evidence is needed.

That said, you should never rely only on the VA. Missing or incomplete evidence is one of the most common reasons claims get denied.

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Meeting the Burden of Proof: Medical Evidence

The foundation of any strong VA disability claim is medical evidence, which proves both the existence of a condition and its connection to service. Examples include:

• Service Treatment Records (STRs): Show diagnoses, treatments, or complaints while in service.
• VA Medical Records: Provide evidence of ongoing treatment and current severity.
• Private Medical Records: Document care outside the VA system.
• Nexus Letters: Medical opinions connecting your condition to service, often using the key phrase “at least as likely as not.”

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Meeting the Burden of Proof: Non-Medical Evidence

The law also recognizes the value of lay evidence, not just medical documentation:

• Buddy Statements (38 C.F.R. § 3.159(a)(2)): Letters from fellow service members who witnessed the event or your symptoms.
• Lay Statements: Observations from family or friends describing your condition’s impact on daily life.
• Service Records: Deployment history, duty assignments, or incident reports that support your story.
• Personal Statements: Your own written account explaining when symptoms began and how they persist.

Check out this article which explains what type of evidence the VA is looking for in a disability claim!

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Common Pitfalls That Hurt Veterans’ Claims

Even with a favorable burden of proof, many claims get denied due to:

• No current diagnosis (required under 38 U.S.C. § 1110).
• Missing a nexus linking the condition to service.
• Assuming the VA automatically collects all needed records.
• Not submitting supporting lay evidence.

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Tips for Meeting the Burden of Proof

1. Get a Current Diagnosis. No diagnosis, no claim.
2. Build the Nexus. A doctor’s statement using “at least as likely as not” is powerful. (but make sure there is logical evidence to support their theory – the reason how/why). Check out this article on how I asked my personal doctor for help with a nexus.
3. Submit Lay Evidence. Fill in the gaps with buddy and personal statements.
4. Double-Check Records. Always submit copies yourself.

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Final Thoughts

The burden of proof in VA disability claims is designed to favor veterans—but you must still provide enough medical and non-medical evidence to tip the scales. Thanks to 38 U.S.C. § 5107(b), 38 C.F.R. § 3.102, and landmark cases like Gilbert v. Derwinski, the system ensures that when doubt exists, it must be resolved in your favor.

By understanding the legal standards, key court rulings, and how to properly present evidence, you’ll give yourself the best chance of success.

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References

• Statutes & Regulations
  • 38 U.S.C. § 1110 – Basic entitlement to compensation for service-connected disability
  • 38 U.S.C. § 5103A – VA’s duty to assist
  • 38 U.S.C. § 5107(b) – Benefit of the doubt rule
  • 38 C.F.R. § 3.102 – Reasonable doubt resolved in favor of the veteran
  • 38 C.F.R. § 3.159(a)(2) – Lay evidence standards
• Key Court Cases
  • Gilbert v. Derwinski, 1 Vet. App. 49 (1990)
  • Ortiz v. Principi, 274 F.3d 1361 (Fed. Cir. 2001)
  • Alemany v. Brown, 9 Vet. App. 518 (1996)
  • Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007)