Category Archives: CAVC Knowledge

CAVC–REAVES v. McDONALD–THE PANDORA PARADOX

Posted on October 23, 2014 by asknod

This is a great Single Judge decision to illustrate  the ultimate stupidity of finally granting something now that they’ve been denying since 1982-fully 32 years ago. Add in “losing” the c-file and having to reconstruct it (funny what makes it back … Continue reading →

Posted in BvA Decisions, CAVC Knowledge, CAVC ruling, PTSD, research, Vietnam War history | Tagged , , , , , , , , , , , , , , | 3 Comments

CAVC–ANDREWS V SHINSEKI–15 YEAR APPEAL TO BVA for VR&E

Posted on October 19, 2014 by asknod

Here’s an interesting case to put in the ILP file. Marine Veteran Tyrone Andrews has a problem. VA has been dogging his claim as they did mine. And much like me, he knocked them up about fifteen years after filing his … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Independent Living Program | Tagged , , , , , , , , , , , , , , , , | 9 Comments

VA–WHAT EXACTLY IS A SSOC?

Posted on September 29, 2014 by asknod

I keep seeing this popping up on my search parameters of what kind of queries lead people or Vets to my site. Obviously, there seems, even in this day and age, a large number among our community who are unfamiliar with this … Continue reading →

Posted in CAVC Knowledge, DRO and BVA Hearings, Equitable tolling, Veterans Law | Tagged , , , , , , , | 8 Comments

CAVC–MARKS V. McDONALD–LINE OF DUTY AND WILLFUL MISCONDUCT

Posted on September 18, 2014 by asknod

dAs most know, I glom onto every reversal that comes across the CAVC and CAFC docket. They teach far more in a short time than years of vacates and set asides. By the same token, you find more ordnance to help Veterans … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, LOD and willful misconduct | Tagged , , , , , , , , , , , , , , , , | Leave a comment

FED. CIRCUS–BERAUD V McDONALD–JUSTICE INTERUPTUS II

Posted on September 13, 2014 by asknod

We sure can’t blame Call Me Bob (513-509-8454) McDonald for this one. If Ric Shinseki had been minding the store and given Mr. Leonard NMI Beraud, a former squid, his due recompense, we wouldn’t have to reiterate 38 CFR 3.156 (b) … Continue reading →

Posted in 38 CFR § 3.156(b), CAVC Knowledge, CAVC ruling | Tagged , , , , , , , , , , , | Leave a comment

CAVC-SHELTON V. SHINSEKI–THE GOSPEL ACCORDING TO ST. BARTLEY

Posted on June 8, 2014 by asknod

I have crowed long and loud about Meg Bartley’s ascension to the CAVC throne with good cause. Her prior record working on the Veterans Benefits Manual ( Lexis Nexis VBM), as well as her staunch support of Veterans before the … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial, Informal Claims | Tagged , , , , , , , , , , , , , , | 2 Comments

CAVC–FRADKIN v. SHINSEKI–IMPLICIT DENIAL IS STILL A NO-NO

Posted on February 20, 2014 by asknod

Meet Robert Fradkin. An  American eager to serve his country in 1967 and who ended up with bent brain syndrome. VA fought him tooth and nail over this from his discharge in 1971 right up to 2002 when they relented and … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial | Tagged , , , , , , , , , , , | 4 Comments

CAVC–MEKUS V. SHINSEKI–IDLE HANDS ARE THE DEVIL’S WORKSHOP

Posted on February 13, 2014 by asknod

Given that there’s a backlog that would reach from Seattle to Honolulu if all the Vets lined up, you would wonder how on earth anyone would have to time to pick and dig and come up with this idiotic CUE. … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CUE | Tagged , , , , , , , , , , , , , , | Leave a comment

CAVC-BARNETT V. SHINSEKI–DENIAL WITHOUT REOPENING A CLAIM

Posted on February 9, 2014 by asknod

What would you do if you tried to reopen a claim for Asbestosis or-what the hey- hammertoe, and they refused to reopen it?  Hell, it happens all the time. But try this one on for size. You file to reopen … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision | Tagged , , , , , , | 1 Comment

FED. CIR.–DIXON V. SHINSEKI–WE AIN’T OBLIGATED TO HELP YOU

Posted on February 6, 2014 by asknod

Every once in a while, we get another piece of justice that preserves our sanity and rebuts the idea that we’re pissing into the wind. Veterans law, while touted to be the most lenient, and notably tilted in favor of … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Equitable tolling, Veterans Law | Tagged , , , , , , , , , , , , | 1 Comment