a matter , VA shall give the benefit of the doubt to the claimant . 38 U . S . C . A . § 5107 ; see also Gilbert v . Derwinski , 1 Vet . App . 49 , 53 ( 1990 ) . To deny a claim on its merits , the evidence must preponderate against the claim . Alemany v . Brown , 9 Vet . App . 518 , 519 ( 1996 ) . A review of the facts reveals the following : in October 2002 , the Veteran underwent a Compensation and Pension ( C & P ) examination for PTSD , in which the examiner determined the Veteran suffered from PTSD , as well as a depressive disorder . The Veteran