Monthly Archives: September 2011

BVA– Gee. Did I say that? I forget a lot.

Posted on September 28, 2011 by asknod

We can file this one under C for Cognitive Brain Disorder. I know I forget a lot of stuff. My wife constantly reminds me of that. If you file a claim, you must have a game plan. An integral part … Continue reading →

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BVA– NO HEP= NO $

Posted on September 28, 2011 by asknod

File this one in the Idiot’s Delight box. If you are going to claim an injury in service, you must still have the injury when you file. It helps if you bring a nexus to the VSO to include with … Continue reading →

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BVA-Roadmap to nowhere

Posted on September 28, 2011 by asknod

 Ladies and Gentlemen Vets, this is a classic example of a frivolous filing. This Veteran has unfortunately had some problems in the past with drugs. It is unfortunate that he suffers. I think any caring person would have sympathy for … Continue reading →

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BVA– Hep A,B,C,D,E,F,G,H,IVDU,J….

Posted on September 28, 2011 by asknod

This is the first in a series of “Frivolous Filings” series. It represents what can happen when the lip box beneath the nose opens and things that sound like intelligence emanate from within. Be very careful what you say. It … Continue reading →

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CAVC-Evans v. Shinseki (2011) Post Hoc Rationalizations-

Posted on September 28, 2011 by asknod

Once again, using literary license, we take pen to paper to illustrate the VA Secretary’s attempts to make an elephant disappear up its own asshole. He rarely succeeds when he gets to the Court and this is a fresh example. … Continue reading →

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COVA–Espiritu v. Derwinski- No Lay Doctors

Posted on September 28, 2011 by asknod

In almost all decisions you will read, be they Court or BVA, you will run across two cases over and over again. Gilbert v. Derwinski is the most quoted, but hard on its heels is Espiritu v. Derwinski (1992). The … Continue reading →

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COVA–Gilbert v. Derwinski (1990) –The Dawn of the Court

Posted on September 28, 2011 by asknod

At the dawn of time (as far as modern review of Veterans’ claims goes) pursuant to the passage of the Veterans Judicial Review Act (VJRA) of 1988, the Court Of Veterans Appeals (COVA) was created. Its stated purpose was to … Continue reading →

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Deciphering CAVC (cont.) Part 3

Posted on September 28, 2011 by asknod

This is Part 3 of a 3 part analysis of a Court decision. To read the whole decision, please access the CAVC Forum and click on Part 1 followed by Part 2.  C. Prejudice The Court must next consider whether … Continue reading →

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Deciphering A CAVC Decision (cont.) Part 2

Posted on September 28, 2011 by asknod

(This is Part 2 of 3 parts. To access Part 1, go to the CAVC forum listing all cases and click on Part 1) b. Secretary’s Limited View of Duty To Suggest the Submission of Evidence Similarly, nothing in the … Continue reading →

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Deciphering a CAVC ruling — Part 1

Posted on September 28, 2011 by asknod

Oftimes a Vet will set out to defend himself before the abortion we refer to as the Veteran friendly VA adjudicatory system. He/she soon discovers the “do as I say and not as I do” nature of the system with … Continue reading →

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