Read the following excerpt from a US court opinion:
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decision included an unfavorable opinion in the form of the opinion of the Medical Doctor on the November 1983 Board panel.” R. at 8. The Board explained that “[t]he November 1983 Board panel was free to use its own medical judgment in deciding the claim, and whether the articulation of its reasons or bases for applying that judgment may not meet present standards, it is not a basis for a CUE finding in the November 1983 Board decision.” R. at 9. Although the Secretary now argues that the Board correctly found that the November 1983 Board decision “constituted a medical opinion” that weighed against the appellant’s claim, Secretary’s Br. at 10, the Court does not agree. The Court has held in other contexts that VA decisions are not evidence. See Wages v. McDonald, 27 Vet.App. 233, 239 . “Evidence” is “[s]omething (including
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the determination of whether a counterclaim is compulsory is made as a matter of law
B. recognizing that the determination is an equitable one
C. holding that the director of compensations determination as to whether an extraschedular rating was warranted is not evidence
D. holding that the courts determination of whether an officer had probable cause for an arrest is an independent and objective determination and an officers own subjective reason for the arrest is irrelevant
E. holding that the determination of whether an individual is an independent contractor lies in the common law and not under an express provision of the act
Reply with [A, B, C, D, E] only.