Keep in mind that when they come before the Veterans Review and Appeal Board they've already been to the department, and the department has given them a negative decision or a decision that's not as favourable as they would like it to be. Sometimes it's because they're not happy with the result and they want a greater entitlement or greater assessment. Because there are no time limits and representatives are provided for them at no cost, they bring cases before us.
To answer your question, when the case comes to the board the tribunal looks at everything--the oral testimony, the documentary medical evidence, and any witnesses. From that it determines whether there is sufficient evidence to establish the link between military service and the disability the person is claiming. Therefore, in every case, section 39 says they have to apply benefit of the doubt. If there is a doubt from all the material in there, they have to rule in favour of the veteran.
But in some cases there isn't sufficient evidence in the total of everything that's been received, unfortunately. We all consider and know the dedication and determination that all our Second World War veterans and Korean veterans committed for this country, as well as our serving military now. You won't find people who are more committed to the veterans than those on the Veterans Review and Appeal Board. It's a matter of having to operate within the legislation provided by Parliament, and we do what we can. We understand that there are cases where we are unable to rule favourably.