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Treatment of Evidence
What is evidence
Evidence is material that tends to satisfy an inquirer that a fact exists. For evidence to be relevant, there must be a relationship between the material provided and the facts in issue.
Entitlement cannot be granted without supporting evidence
Commission cannot grant a claim or application without evidence to support it. A case must always be established on the balance of probabilities by relevant evidence for acceptance by a delegate.
Difficulties in providing information to be taken into account
The Commission is required to take into account difficulties that may inhibit, or obstruct the gathering of information or evidence of any fact, matter, cause or circumstance including:
- the effects of the passage of time and its effects on the availability of witnesses, and
- the lack of relevant official records.
Example of where difficulties may be taken into account
If a veteran's statement concerning an alleged encounter with hostile forces cannot be confirmed by a witness because a witness cannot be found, it does not mean that the veteran's statement should be automatically discounted.
All relevant material to be considered
When gathering evidence for a case all material that is relevant to the matter to be decided must be considered. Equally, material that is not relevant must be disregarded.