Monthly Archives: October 2011

BVA–Muskogee Jetguns

Posted on October 17, 2011 by asknod

When I spot a jetgun win at the BVA, I really dissect it from every different angle. They are still rare, but yield a plethora of valuable information for others. Sometimes something as minor as a physician’s note in the … Continue reading →

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CAVC– Jones v. Shinseki 2010 + BVA Case

Posted on October 16, 2011 by asknod

Jones v. Shinseki examines what to do when, after numerous tries, the VA examiners are stymied as to the cause of your disease or whether it is service-related. This is usually summed up somewhere in your denial. It will say … Continue reading →

Posted in BvA HCV decisions, Important CAVC/COVA Ruling | Tagged , , , | 3 Comments

FROM THE FOOTLOCKER

Posted on October 15, 2011 by asknod

Always in search of oldies that may help Vets accomplish a claim, I constantly run across weird things I saved from SEA and old flight maps. The ones we had were leftovers from when the French controlled the Indochinese peninsula (Laos, … Continue reading →

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BVA– Remand to Nashville Cats

Posted on October 15, 2011 by asknod

BVA—Remand NashvilleCats While I compliment the  VLJ on his candid observation that the Nashville Cats at the Nashville VARO aren’t playin’ as clean as country water, the cause is lost. Judge Michael E. Kilcoyne has been around the BVA for … Continue reading →

Posted in BvA HCV decisions, Frivolous Filings | Tagged , , , , | 3 Comments

TEACH A MAN TO FISH

Posted on October 14, 2011 by asknod

Give a man a fish and you feed him for a day. Teach him to fish and you feed him for life. I don’t know who said this. It isn’t germane to my discussion here. The thought is, though. Yesterday, … Continue reading →

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VA — TRICK OR TREAT

Posted on October 13, 2011 by asknod

On October 31st, 1990, the VA instituted the concept of willful misconduct. Prior to this the measurement was nominally Line of Duty (LOD). If you did something stupid like driving drunk and really messing yourself up, that was not LOD. … Continue reading →

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BVA–PEER PRESSURE

Posted on October 13, 2011 by asknod

I am always amazed at the entries in the excuse book for how a Vet got infected with HCV. I say excuse in the sense of a disenfranchised Vet- i.e. one who has been denied and will never attain SC … Continue reading →

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LOOKING FOR CUE IN BVA PLACES

Posted on October 12, 2011 by asknod

Looking For CUE   I have posted examples of CUE (Clear and Unmistakable Error) on several occasions but have never posted decisions where the reader can look for CUE in a BVA decision and discern it. I have chosen my … Continue reading →

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BVA–A Well-Reasoned Jet Gun Win

Posted on October 12, 2011 by asknod

Over the years we have noticed a small coterie of very successful lawyers who take on Hep. cases and win them with seeming ease. Virginia Girard-Brady is one. Here, she demonstrates that even in a pool full of VA law … Continue reading →

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DRO– Bait & Switch Ploy

Posted on October 10, 2011 by asknod

Here is an interesting contretemps. You finally get rated for, let’s say, DM2 and they give you 10%.  What would you think if you applied for PN secondary to the DM2 and they whacked your DM down to 0% and … Continue reading →

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