38 C.F.R. § 4.6
Evaluation of evidence
The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.
Notes of Decisions
Cited in 119
cases (6 in the last 5 years), 2011–2021 · leading case: 04-31 184 (Board of Vet. App. 2018).
04-31 184 (Board of Vet. App. 2018). “" 38 C.F.R. § 4.6 . It should also be noted that use of terminology such as "mild" and "moderate" by VA examiners or other physicians, although an element of evidence to be considered by the Board, is not dispositive of an issue.”
11-14 978 (Board of Vet. App. 2018). “38 C.F.R. §4.6 (2017). Use of descriptive terminology such as mild by medical examiners, although an element of evidence to be considered by the Board, is not dispositive of an issue.”
181004-864 (Board of Vet. App. 2019). “” See 38 C.F.R. § 4.6 . On VA examination in May 2016, the Veteran reported instability, pain, giving out with weight-bearing, swelling, tenderness, and weakness of the left ankle during flare-ups.”
200129-58972 (Board of Vet. App. 2021). “See 38 C.F.R. § 4.6 (2020). Diagnostic Code 5258 provides a maximum 20 percent rating for dislocated semilunar cartilage with frequent episodes of locking, pain, and effusion into the joint.”
06-13 505 (Board of Vet. App. 2014). “" 38 C.F.R. § 4.6 . VA examinations have demonstrated that he has decreased sensation and some loss of motor function in ankle movement and the great toe bilaterally.”
10-27 554 (Board of Vet. App. 2014). “" 38 C.F.R. § 4.6 . Resolving all doubt in the Veteran's favor, the record shows that the Veteran has instability of the left knee throughout the appeals period.”
05-00 791 (Board of Vet. App. 2012). “" See 38 C.F.R. § 4.6 . The amended criteria use a general rating formula that applicable for most spine disabilities.”
99-16 765 (Board of Vet. App. 2016).
10-49 606 (Board of Vet. App. 2016).
08-34 074 (Board of Vet. App. 2016).
12-24 706 (Board of Vet. App. 2016).
12-24 706 (Board of Vet. App. 2016).
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