United States Federal Circuit

The "benefit of the doubt rule," under 38 USC 5107, does not apply in cases in which the Board of Veteran's Appeals has found that the preponderance of the evidence is against a veteran's claim.

Appellate Information

• Decided 12/17/2001
• Published 12/18/2001

Judges

• LOURIE, Circuit Judge., Before LOURIE, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• 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.