Author Archives: asknod

Unknown's avatar

About asknod

VA claims blogger

CAVC–Freeman v. Shinseki 2011–Assigning Fiduciaries

Approximately two and a half years ago, we started examining CAVC cases to see what we could potentially gain from them to help Vets. I must admit we have managed to extract some important information from them. I suspect Groves … Continue reading

Posted in Important CAVC/COVA Ruling | Tagged , | Leave a comment

CAVC–Strong v. Shinseki–Shared razors–SJD

   Meet Michael J. Strong. Mike has a problem. He has hep and DM2. Sound familiar? Mike decided to fight this one and ended up at the Court. What’s interesting is Judge Hagel’s carefully reasoned thought processes for querying the … Continue reading

Posted in Important CAVC/COVA Ruling | Tagged , , , , | Leave a comment

CAVC–Buie (5) v. Shinseki (0) (2011)

Now here is a case that is worthy of a panel. We are seeing more and more hilarious and comical decisions and orders handed down that are mundane and/or run of the mill. It can’t be that justice has been … Continue reading

Posted in Important CAVC/COVA Ruling, TDIU | Tagged , , , , , , , , , , , | 9 Comments

CAVC–Melancon v. Shinseki (2011)– Dude, they dissed me in 91

Even though we cannot use single judge decisions from the Court for precedence, we find them extremely informational for what they contain. They are useful for Vets who choose to defend themselves as the following Vet did. This is called pro … Continue reading

Posted in CAvC HCV Ruling, CUE, Interferon claims | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–ARNESON v SHINSEKI–TOO MANY JUDGES, SO LITTLE TIME

  Meet Robert H. Arneson, a Squid Veteran of the Vietnam era.  Mr. Arneson filed for several issues in 2005.  After denial and a prolonged SOC and SSOC battle, he finally had his day at a BVA Travel Board hearing in … Continue reading

Posted in Important CAVC/COVA Ruling | Tagged , | Leave a comment

CAVC–Hillyard v. Shinseki- CUE it again, Sam

Even though this decision goes against the Vet, one can hardly fault the Court or the VASEC for their logic. Joseph C. Hillyard, a peacetime Veteran, suffered a head injury that caused him some mental problems. He filed claims for … Continue reading

Posted in CUE, Important CAVC/COVA Ruling | Tagged , | Leave a comment

CAVC–Heino v. Shinseki–April Fool’s Day at the Court?

April Fool’s day at the Court?      Before Hagel, Moorman and Schoelen, a certain appellant named William H. Heino, Sr. pleaded an extraordinary case pro se. It was decided April 11th, 2011, just ten days after my favorite day of … Continue reading

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

COVA–Bentley–The First CUE Case

We have discussed CUE (Clear and Unmistakable Error) many times but few Vets know how and why it exists. It is another one of those blessings bestowed on us by a grateful nation for our service. Just as we are … Continue reading

Posted in CUE, Important CAVC/COVA Ruling | Tagged , | Leave a comment

CAVC–Frederick v. Shinseki 2011– Don’t mess with Ruth

Allow me to introduce you to one Ruth Hill Frederick. She is not the lady you would want to attempt to assault. Snatching her purse might be akin to overcoming the Gordian knot with no sword. I wouldn’t doubt she … Continue reading

Posted in Important CAVC/COVA Ruling | Tagged , | Leave a comment

CAVC–George v. Shinseki (2011) SJD–Telling Fibs at the Big House

This is an illuminating case for several different reasons.  Veterans with HCV have been availing themselves of our limited resources now for three years and we have never illustrated what happens when you get caught stretching the truth up at … Continue reading

Posted in Important CAVC/COVA Ruling | Tagged , , , , , , , , , , , , , , | Leave a comment