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ORTIZ v. PRINCIPI

No. 01-7006.

274 F.3d 1361 (2001)

Emilio R. ORTIZ, Sr., Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 17, 2001.

Attorney(s) appearing for the Case

Kenneth D. Auerbach, Law Office of Kenneth D. Auerbach, of Silver Spring, MD, argued for claimant-appellant.

Carolyn J. Craig, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; Mark A. Melnick, Assistant Director; and Armondo O. Bonilla, Trial Attorney. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michelle Doses Bernstein, Attorney, Department of Veterans Affairs, of Washington, DC.

Before LOURIE, BRYSON, and LINN, Circuit Judges.

LOURIE, Circuit Judge.

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...

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