X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Cicchiello & Cicchiello, LLP - Hartford Law Firm seeking to hire an Associate Attorney. We focus our practice primarily on Personal Inju...


Apply Now ›

The Princeton office of Epstein Becker & Green is seeking an associate to join its Litigation practice. Candidates should have a minim...


Apply Now ›

Summary Description: Greenbaum, Rowe, Smith & Davis seeks a Law Librarian to manage the Firm s information research services and library...


Apply Now ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›