William R. Ferguson, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

MICHEL, Circuit Judge.

William Ferguson appeals the September 15, 2000, decision of the United States Court of Appeals for Veterans Claims, No. 98-637, affirming the Board of Veterans’ Appeals (“Board”) decision which denied his claim and holding that 38 U.S.C. § 5107(b) did not apply because the Board correctly found that the probative evidence against Mr. Ferguson’s claim outweighed the probative evidence supporting the claim. Section 5107(b) applies only if the evidence for and against the claim is in “approximate balance.” Thus, that section did not need interpretation, for on its plain…