bob_abad Posted September 26, 2008 Share Posted September 26, 2008 Excerpt from a case..Where can I find this info underlined below? Thanks in advance! The probative evidence in this case demonstrates that it is at least as likely as not that the veteran's hypertension developed as a result of his service-connected diabetes mellitus. Significantly, there is no probative evidence to the contrary. See "Mariano v. Principi, 17 Vet. App. 305, 312 (2003) (holding that the Board is not permitted to seek additional development for the purpose of obtaining evidence against the claim)". Resolving the benefit of the doubt in favor of the veteran, the Board finds that it is as likely as not that the veteran has hypertension secondary to his service-connected diabetes mellitus. Therefore, the criteria for service connection are met and service connection for hypertension is granted. 38 U.S.C.A. § 5107(:P; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). ORDER Service connection for hypertension secondary to service- connected diabetes mellitus type II is granted. Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted September 26, 2008 HadIt.com Elder Share Posted September 26, 2008 Bob try this one out. www.warms.vba.va.gov/admin21/precop/cavc/2003/mariano_01_467.doc J Link to comment Share on other sites More sharing options...
Angela Posted September 26, 2008 Share Posted September 26, 2008 bob, This was a CAVC decision. Here's a link. CAVC 01-467 Link to comment Share on other sites More sharing options...
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bob_abad
Excerpt from a case..Where can I find this info underlined below? Thanks in advance!
The probative evidence in this case demonstrates that it is
at least as likely as not that the veteran's hypertension
developed as a result of his service-connected diabetes
mellitus. Significantly, there is no probative evidence to
the contrary. See "Mariano v. Principi, 17 Vet. App. 305,
312 (2003) (holding that the Board is not permitted to seek
additional development for the purpose of obtaining evidence
against the claim)".
Resolving the benefit of the doubt in favor of the veteran,
the Board finds that it is as likely as not that the veteran
has hypertension secondary to his service-connected diabetes
mellitus. Therefore, the criteria for service connection are
met and service connection for hypertension is granted. 38
U.S.C.A. § 5107(:P; Gilbert v. Derwinski, 1 Vet. App. 49
(1990).
ORDER
Service connection for hypertension secondary to service-
connected diabetes mellitus type II is granted.
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