Author Archives: asknod

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About asknod

VA claims blogger

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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Fed. Cir.–Bond v. Shinseki 2011

Posted on October 8, 2011 by asknod

Obtaining justice for Vets or watching others do the same is what keeps me alive. There are several lawyers who are unarguably adept at this. Two from Kansas of all places, are the masters of the VA judicial universe. I refer … Continue reading →

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38 CFR §4.14–The Dreaded Pyramiding Regulation

Posted on October 8, 2011 by asknod

I had a phone call from a member who lives near us last night (Peter aka Menalteed). He was having trouble navigating this new site looking for an old post that discusses the inequities of DC 7354  (HCV) and DC … Continue reading →

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BVA– Process of Elimination

Posted on October 7, 2011 by asknod

Here’s a recent decision that involves a novel approach. I’m sure the Veteran thought he was much better educated than his SO and therefore this approach was a winner. I would have loved to have been a fly on the … Continue reading →

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Lars S.

Posted on October 7, 2011 by asknod

Lars S. was the quintessential Veteran of the Vietnam war conflict. He was a distinguished member of the long grey line. That’s a euphemism for a West Point graduate. He was in it for the long term as a profession. He was … Continue reading →

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VA Budget for Homeless Vets

Posted on October 6, 2011 by asknod

Everyone who knows me is aware of my propensity to digest numbers and discover aberrant results. I saw this on Veterans today as a tweet. http://www.veteranstoday.com/2011/10/05/secretary-shinseki-announces-an-additional-10-3-million-to-help-eliminate-veterans-homelessness/ Extrapolating by adding 59.5 Million dollars to the new authorization of 10. 3 Million dollars yields … Continue reading →

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