Author Archives: asknod

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About asknod

VA claims blogger

CAVC-Evans v. Shinseki (2011) Post Hoc Rationalizations-

Posted on September 28, 2011 by asknod

Once again, using literary license, we take pen to paper to illustrate the VA Secretary’s attempts to make an elephant disappear up its own asshole. He rarely succeeds when he gets to the Court and this is a fresh example. … Continue reading →

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COVA–Espiritu v. Derwinski- No Lay Doctors

Posted on September 28, 2011 by asknod

In almost all decisions you will read, be they Court or BVA, you will run across two cases over and over again. Gilbert v. Derwinski is the most quoted, but hard on its heels is Espiritu v. Derwinski (1992). The … Continue reading →

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COVA–Gilbert v. Derwinski (1990) –The Dawn of the Court

Posted on September 28, 2011 by asknod

At the dawn of time (as far as modern review of Veterans’ claims goes) pursuant to the passage of the Veterans Judicial Review Act (VJRA) of 1988, the Court Of Veterans Appeals (COVA) was created. Its stated purpose was to … Continue reading →

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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 →

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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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