Monthly Archives: September 2011

CAVC–Fenderson v. West – Staged Ratings

Posted on September 27, 2011 by asknod

Here’s another one of those cases where you hear the term and wonder who or what it refers to and what it means where you are concerned. Before I start, look at the claim structure VA employs. There are new … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , , | Leave a comment

COVA–Bell v. Derwinski (1992)–Constructive Possession

Posted on September 27, 2011 by asknod

With all the talk these days of the indiscriminate shredding of Veterans files at VAROs by lazy employees, we should look back 20 years to a seminal case  that was the precursor to any of this.       VA is adamant for the … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , | Leave a comment

CAVC– Bradley v. Peake(2008)

Posted on September 27, 2011 by asknod

This is a great Court of Appeals for Veterans Claims (CAVC) decision. It will show you, the VET, how the the CAVC operates and also demonstrate that they do not work for VASEC (Veterans Affairs Secretary Peake). They will not … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , | Leave a comment

Fed. Cir. (Via CAVC)–Maxson v. Gober (2000)-You Waited Too Long

Posted on September 27, 2011 by asknod

 When prosecuting a Hepatitis C claim against the VA, one thing pops up over and over again. That is the allegation that you didn’t manifest this disease in the service. Well, setting aside the most obvious reason that HCV doesn’t … Continue reading →

Posted in Fed. Cir. & Supreme Ct. | Tagged , , | Leave a comment

COVA–Colvin v. Derwinski Nobody Here But Us Doctors

Posted on September 27, 2011 by asknod

We at Ask Nod are always searching for ways to overturn prior decisions, be it by collateral attacks (CUE) or by finding old service department records bearing on the claim. Towards that end we spent many months, indeed years, researching … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , , | Leave a comment

CAVC–Theofrastou v. Shinseki- You Have the Right To Remain Stupid

Posted on September 27, 2011 by asknod

 I am including this Court decision for Vets to review. Even though it’s a Single Judge disposition, it clearly illustrates what a panel would find as well.  The Veteran is representing himself before the Court, which I wouldn’t wish on my … Continue reading →

Posted in CAvC HCV Ruling, Complaints Department, Important CAVC/COVA Ruling, Jetgun BvA Decisions | Tagged , , , , , | 1 Comment

COVA– Bagby v. Derwinski (1991)–Presumption of Soundness

Posted on September 27, 2011 by asknod

  Let us embark in the DeLorean and turn the clock back to April 22, 1991. A former Governor from Arkansas was putting down his marker for the 1992 Presidential primaries and the new Court of Veterans Appeals (COVA) was … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , , | Leave a comment

CAVC–Freeman v. Shinseki 2011–Assigning Fiduciaries

Posted on September 27, 2011 by asknod

Approximately two and a half years ago, we started examining CAVC cases to see what we could potentially gain from them to help Vets. I must admit we have managed to extract some important information from them. I suspect Groves … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , | Leave a comment

CAVC–Strong v. Shinseki–Shared razors–SJD

Posted on September 27, 2011 by asknod

   Meet Michael J. Strong. Mike has a problem. He has hep and DM2. Sound familiar? Mike decided to fight this one and ended up at the Court. What’s interesting is Judge Hagel’s carefully reasoned thought processes for querying the … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , , , , | Leave a comment

CAVC–Buie (5) v. Shinseki (0) (2011)

Posted on September 27, 2011 by asknod

Now here is a case that is worthy of a panel. We are seeing more and more hilarious and comical decisions and orders handed down that are mundane and/or run of the mill. It can’t be that justice has been … Continue reading →

Posted in Important CAVC/COVA Ruling, TDIU | Tagged , , , , , , , , , , , | 9 Comments