Monthly Archives: September 2011

CAVC–Hamer v. Shinseki–For all the TDIU

Posted on September 27, 2011 by asknod

This is an interesting decision concerning TDIU that just came out on the 27th of July. It concerns a certain Mr. Hamer who had disabilities that rendered him virtually totally disabled in 1978, just 4 short years after his USAF service. … Continue reading →

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CAVC–Vigil v.Peake(2008) re:38 CFR § 3.156(c)

Posted on September 27, 2011 by asknod

 Most Vets have been told that they cannot reopen or revisit old claims that were unappealed. This is true-unless the VARO committed some grave procedural error and did not follow the letter of the law. Additionally, if there were files … Continue reading →

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CAVC– Vazquez-Flores v. Peake

Posted on September 27, 2011 by asknod

As mentioned in various other places on this site, are descriptions of this decision. Up to this point, Vets were afforded a minimal amount of discussion on the effects of the disease/injury on their life and a decision was rendered … Continue reading →

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CAVC —2008 Hepatitis Remand

Posted on September 27, 2011 by asknod

The CAVC only heard 13 hepatitis cases during the 2008 calender year. These were all Single Judge rulings and, as such, do not constitute precedent-setting opinions. However, they do show how any appeal you may attempt will be met. This … Continue reading →

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BVA- Increased Rating Claim

Posted on September 26, 2011 by asknod

Here is a classic example of what happens when the gun goes off half-cocked. Nothing happens. In this case, the claim dies on the operating table for lack of merit. Had this Veteran read the Diagnostic Code in Part 4.114 … Continue reading →

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BVA–What’s in the water in Oakland, Calif.?

Posted on September 26, 2011 by asknod

Is there no end to the lengths VA examiners will go in order to deny a Vet’s claim? We here at AskNod have seen more denials than we care to admit, but some jump out at you and scream “Can … Continue reading →

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BVA- Wrong address? Not final.

Posted on September 26, 2011 by asknod

Veterans everywhere should be heartened by this decision. This Vet, from Louisville,Kentucky, gets a thumbs up decision on his earlier effective date in spite of the RO’s incessant efforts to quash it. The Vet sells his house and moves. He … Continue reading →

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BVA– VSO flushes Vet’s Claim

Posted on September 26, 2011 by asknod

Here’s another one of those decisions that makes your hair stand on end- and it isn’t even Halloween yet. Nope. Not static electricity either. When you approach a VSO to represent you, you have to assume they are well versed … Continue reading →

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BVA- HCV, not HBV

Posted on September 26, 2011 by asknod

We hope this never happens to you. Imagine winning your fight for a Hepatitis rating in 84, Then imagine just normal VA checkups over the years until 2000 and a test for HCV. Here, VA does everything in their power … Continue reading →

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BVA– Where’s My AmLeg Rep?

Posted on September 26, 2011 by asknod

Mon Dieux, (excuse my French)! This is enough to make a Vet’s blood run cold. The American Legion idiot (excuse me, strike that in favor of Service Officer) representing this Vet doesn’t have a clue what he’s doing. I thought … Continue reading →

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