Hernandez v. Collins

Summary

The Federal Circuit affirmed the Veterans Court's decision upholding the Board's denial of service connection for Hernandez's tinnitus, eye disability, and migraine claims. The court held that although the Federal Rules of Evidence do not bind VA and Board proceedings, the Board permissibly used the principle from Rule 803's advisory committee notes—that people needing medical care have a strong incentive to be truthful—as guidance in giving greater probative weight to medical records, and any dispute over that weighing is a factual matter outside its § 7292 scope of review. The court further held that crediting statements made for medical diagnosis or treatment over other evidence does not conflict with the § 5107(b) benefit-of-the-doubt rule, which applies only when the evidence is in approximate balance.