“Did the holding in Ortiz v. Principi misinterpret 38 U.S.C. § 5107(b) and 38 C.F.R. § 3.102 by setting forth an equipose-of-the-evidence [sic] standard for veterans to prove their claims and a corresponding preponderance-of-the-evidence-standard for the secretary to disprove them; and, if so, should principles of stare decisis be a bar to the en banc court overturning this three-judge panel decision?”
“Because we disagree with Mr. Lynch’s reading of Ortiz v. Principi, and because this court is bound by Ortiz, we affirm.”
