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.
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.
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:
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.
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.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16626%23comment-form
[2] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea