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Ortiz v. Principi

Denial of claim for service connection for back disability affirmed; court correctly determined that benefit of the doubt rule has no application in cases in which Board of Veterans' Appeals has found that a preponderance of the evidence is against veteran's claim.

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Appealed from: United States Court of Appeals for Veterans Claims

Judge John J. Farley, III

Emilio R. Ortiz, Sr., appeals from the decision of the United States Court of Appeals for Veterans Claims affirming the denial of his claim for service connection for back disability by the Board of Veterans’ Appeals (“the Board”). Ortiz v. Gober, No. 99-173, 2000 WL 1056365 (Vet. App. Aug. 1, 2000). Ortiz alleges that the court improperly refused to apply the “benefit of the doubt rule” under 38 U.S.C. � 5107 to the evidence of record. Because we conclude that the Court of Appeals for Veterans Claims correctly determined that the benefit of the doubt rule has no application in cases in which the Board has found that a preponderance of the evidence is against the veteran’s claim, we affirm.

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