592 F.3d 1315, 1321 (Fed. Cir. 2010); Capizzano v. Sec’y of Health & Human Servs., 440 F.3d 1317, 1320 (Fed. Cir. 2006). In addition, in Table and non-Table eases, a petitioner bears a “preponderance of the evidence” burden of proof. 42 U.S.C. §§ 300aa-13(a)(1)(A); Althen, 418 F.3d at 1278 (citing Shyface v. Sec’y of Health & Human Servs., 165 F.3d 1344, 1352-53 (Fed. Cir. 1999)). And so, a petitioner must offer evidence that leads the “trier of fact to believe that the existence of a fact is more probable than its nonexistence before [he] may find in favor of the party who has the burden to persuade the [judge] of the fact’s existence.” Moberly, 592 F.3d at 1322 n.2 (brackets existing) (internal quotation omitted); see also Snowbank Enter. v. United States, 6 Cl.Ct. 476, 486 (1984) (<HOLDING>). To establish a prima facie case when
holding that mere speculation is insufficient to support a jury verdict holding a claimant must prove entitlement to benefits by the preponderance of the evidence which is not sustained by mere surmise or conjecture holding that mere conjecture or speculation is insufficient under a preponderance standard holding that burden of clear and convincing proof cannot be satisfied by mere conjecture or speculation holding that speculation and conjecture cannot support an adverse credibility finding