Decision-making
Decision-making - Transcript
This short video will discuss decision-making at the Board.
After a hearing ends, Board Members deliberate on the case.
They must be impartial, objective, and free of bias.
Every case that comes before the Board is unique,and decided on its own merit. This means, that in every case, Board Members must interpret and apply the legislation based on the evidence presented.
To do this, they consider all of the information they have. This includes the representative's arguments and Veteran's testimony from the hearing, as well as the documentary and medical evidence in the file.
They can also consult commonly-used medical resources such as the Merck Manual and or Mayo Clinic.
Then, they conduct a thoughtful analysis and determine whether there is enough credible evidence to support the application.
When weighing evidence, Board Members follow the rules of evidence set out in section 39 of the Veterans Review and Appeal Board Act. This section requires Board Members to consider evidence in the best light possible.
Specifically, it requires that Board Members draw every reasonable inference in favour of the applicant; that they accept any uncontradicted, credible evidence; and that they resolve any doubt about whether the applicant has established a case, in favour of the applicant.
However, even with these rules, at the end of the day, applicants are still responsible for providing enough evidence to establish their case.
After the Board Members come to a decision, one of them will put the decision in writing clearly explaining the reasons for the decision.
The majority of decisions are mailed within 6 weeks or less of the hearing.
The Board publishes depersonalized versions of its decisions on the Canadian Legal Information Institute's website. This a well-known legal resource that organizes decisions by year and is searchable by key word.
Anyone interested in how the Board makes decisions should consult this valuable resource.
We hope this video has been helpful. If you have any questions or would like more information about the Board, please visit our website or give us a call.