Document ID: chunk:federal_register_of_legislation:C2004A03129:body:0:p11
Version: federal_register_of_legislation:C2004A03129
Segment Type: other
Provision Reference: 
Character Range: 25661–26860

decision unless it is satisfied, beyond reasonable doubt, that there were insufficient grounds for granting the claim; or
       (b) in any other case—the Board shall not set aside the decision unless it is reasonably satisfied that the decision is not the decision that the Board would have made if it had had the responsibility for making the decision the subject of the review."; and
    (b) by adding at the end the following sub-section:
    "(7) Where the Board is reviewing a decision granting or refusing to grant a claim for a pension with respect to the death or incapacity of a member of the Forces, or is considering and determining the decision to be made by it in substitution for a decision that it has set aside, the Board shall not grant the claim if it is reasonably satisfied—
       (a) that the investigation of the claim did not disclose material, and there is no other material before the Board, that raises a reasonable hypothesis that there exists a connection required by this Act to exist between the death or incapacity of the member and the member's war service; or
       (b) that any such reasonable hypothesis raised by material before the Board has been dispelled.".