Monthly Archives: September 2011

CAVC–Harvey v. Shinseki- ORDER (And Be Quick About It)

Posted on September 27, 2011 by asknod

     While we here at Asknod rarely involve ourselves in VA Policy, we are starting to observe a sentiment emanating down from the Court to the BVA, and, by extension, its minion, the AOJ. The Court is a deliberative body … Continue reading →

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CAVC–Mayhue v. Shinseki (2011) Attempted Horsetrading

Posted on September 27, 2011 by asknod

 This decision came out several days ago and caught our eye here at the Nod site. The findings aren’t earth shattering, but do illuminate a regulation that is now starting to get more attention.       Vets may remember that … Continue reading →

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CAVC–Buckzynski v. Shinseki (2011)–New Interpretations of 38 CFR

Posted on September 27, 2011 by asknod

 1/11/11 Hot off the presses, this was released yesterday. It is interesting and a good read , but doesn’t set any earth-shattering precedents like Groves and Vigil did. What it does do is spank the VASEC  once again for his … Continue reading →

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CAVC–Savage v. Shinseki 1/04/11–Post Hoc Rationalizations

Posted on September 27, 2011 by asknod

God,  I just love it when the Court tells the VASEC that reinterpreting the rules is not a defense for screwing Vets, nor is coming up with a new excuse after getting caught cheating: The Secretary is, of course, free … Continue reading →

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CAVC–Harris v. Shinseki (2010)–No Evidence is Negative Evidence?

Posted on September 27, 2011 by asknod

This was a single judge decision handed down on the 17th- barely 2 weeks ago. It illustrates just how The VA can run roughshod over your “purported” evidence, ignore that which it pleases and then take a non nexus from … Continue reading →

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CAVC–Erikson v. West (2000)–Extra Bennies Bozo

Posted on September 27, 2011 by asknod

    This decision is a perfect illustrator of what occurs (or should) when the VA steps on its collective pink snake. In its rush to judgement, the AOJ and then the BVA ruled against this poor  Vet who was laid … Continue reading →

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CAVC- Cogburn v Shinseki–Implicit Denial

Posted on September 27, 2011 by asknod

     Here’s a brand new one that has some interesting facets to it. Veterans who take their appeals up to the Court should realize that they have to have something unique to present; some theory of entitlement that has … Continue reading →

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CAVC–Equitable Tolling–Serious as a Heart Attack

Posted on September 27, 2011 by asknod

Keep this in mind if you appeal an adverse decision of the BVA to the CAVC. Mr. William E. McCreary went through a hurricane (Katrina). It damaged his house and belongings. In spite of his pleas to the CAVC to accept … Continue reading →

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CAVC–Edwards v. Shinseki–Don’t call us.(We’ll call you)

Posted on September 27, 2011 by asknod

       Every once in a lifetime, you run across the guy who just will not give up. I’m sure the majority of you know at least one of these Type AAA personalities. They are generally good souls, but often horribly, almost … Continue reading →

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CAVC–SJD– Hep. Ruling

Posted on September 27, 2011 by asknod

Here’s an interesting decision by a single judge(Greene) on the propriety of Mr. Curtis Scott’s  BVA decision denying SC for Hep. It seems the VARO, in its haste to deny him, overlooked two thirds of his claimed risk factors and … Continue reading →

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