Author Archives: asknod

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About asknod

VA claims blogger

Deciphering CAVC (cont.) Part 3

Posted on September 28, 2011 by asknod

This is Part 3 of a 3 part analysis of a Court decision. To read the whole decision, please access the CAVC Forum and click on Part 1 followed by Part 2.  C. Prejudice The Court must next consider whether … Continue reading →

Posted in Important CAVC/COVA Ruling, Introduction-Read these first, Tips and Tricks | Tagged | 1 Comment

Deciphering A CAVC Decision (cont.) Part 2

Posted on September 28, 2011 by asknod

(This is Part 2 of 3 parts. To access Part 1, go to the CAVC forum listing all cases and click on Part 1) b. Secretary’s Limited View of Duty To Suggest the Submission of Evidence Similarly, nothing in the … Continue reading →

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Deciphering a CAVC ruling — Part 1

Posted on September 28, 2011 by asknod

Oftimes a Vet will set out to defend himself before the abortion we refer to as the Veteran friendly VA adjudicatory system. He/she soon discovers the “do as I say and not as I do” nature of the system with … Continue reading →

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Fed. Cir. –Groves v. Peake—2008– Our Holy Grail

Posted on September 28, 2011 by asknod

This is a wonderful case of what we call “precedence”. This is the Holy Grail of Court Rulings for Hepatitis C sufferers. In order to understand this in the context of our continuing battle, substitute the phrase “Paranoid schizophrenia” from … Continue reading →

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COVA- Caffrey v. Brown–Duty to Assist?

Posted on September 28, 2011 by asknod

When filing for Clear and Unmistakable Error (CUE), one case seems to get a lot of attention where failure in the duty to assist is claimed.  This is understandable because, like a cattle drive, VA counsel will push the Veteran … Continue reading →

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CAVC–Garrett v.Shinseki(SJD) -Whoa! I’m a nurse.

Posted on September 28, 2011 by asknod

Have you ever stepped in dog doo? Disgusting, isn’t it? If there’s nothing to lean against and no stick or water hose handy, you’re stuck with it-literally. If you’re wearing tennis shoes with one of those really nifty positraction soles, … Continue reading →

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Fed. Cir.–Singleton v. Shinseki–(2011) Fed. Cir.

Posted on September 28, 2011 by asknod

I understand the concept of justice.  I also understand interminable delays on VA’s part. They are famous beyond words for that. Look up delay in the dictionary and there’s undoubtedly a picture of the façade of 810 Vermont Ave. NW. Washington, … Continue reading →

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CAVC–Merczel v. Shinseki- Sorting out the Hickson Elements(SJD)

Posted on September 27, 2011 by asknod

Sweet. That’s what this decision is. It tunes in the ICU2TV and let’s us look at another example of what justice is, and isn’t, supposed to be about.  Although the decision is by a single judge and not an en banc precedent- setting … Continue reading →

Posted in BvA HCV decisions, HCV Risks (documented), Important CAVC/COVA Ruling, Jetgun BvA Decisions, Jetgun Claims evidence, Nexus Information | Tagged , , , , , , , , , , , , , , , , , , | 2 Comments

CAVC–Clark v. Shinseki -SJD–Absence of Evidence is Not Negative Evidence

Posted on September 27, 2011 by asknod

When I set out on my own to defend myself in early 2008, I did so with the idea that I couldn’t do any worse that the chuckleheads collecting a paycheck for it (my VSO). I began by starting in 1994 and reading … Continue reading →

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Fed. Cir.– Padgett v. Shinseki Fed. Cir. (2011)–Substitution on the Claim

Posted on September 27, 2011 by asknod

We do not normally look at Federal Circuit decisions unless they involve Vets. This one is like the iceberg that the Titanic struck- and with similar results for the BVA and the CAVC. Clara Sue Padgett took over her husband’s long and … Continue reading →

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