Category Archives: CAVC Knowledge

CAVC–WALTHERS V. SHINSEKI–INFORMAL WITHDRAWALS

Posted on January 18, 2014 by asknod

I don’t know how many times I get emails from guys asking what will happen  if they file for the DM2 they’ve had since the first Interferon merrygoround. The universal worry seems to be an ominous feeling of instant retribution … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Tips and Tricks | Tagged , , , , , , , , , , , , , | 1 Comment

CAVC–MEKUS V. SHINSEKI–THROWING OUT THE RED FLAG

Posted on January 9, 2014 by asknod

As many times as I write about VA law, I get the biggest bang out of reversals. Which Judge is often interesting in an effort to see who might have become more liberal towards our cause. We have come to … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Reductions in rating | Tagged , , , , , , , , , , | 3 Comments

SVR RADIO ON HADIT.COM TOMORROW

Posted on January 7, 2014 by asknod

Jerrel Cook and the gang over at Hadit.com have invited me over to their Radio show tomorrow. It’s 0900(L) on the Left Coast and three hours later on the east Coast or 1200 (L) for those of you trapped in … Continue reading →

Posted in CAVC Knowledge, Earlier Effective dates, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , | Leave a comment

BVA WIN–I’M #48

Posted on November 25, 2013 by asknod

Wow. Talk about VA backlogs. Here it is. Hot off the presses. A red hot win… or is it? Time will tell soon enough when they begin the staged ratings. BVA decision on earlier effective date sanitized As we all … Continue reading →

Posted in BvA HCV decisions, CAVC Knowledge, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | 10 Comments

CAVC– PACHECO v. SHINSEKI- I FORGOT WHAT IT WAS I WAS ARGUING

Posted on November 13, 2013 by asknod

Rarely, in my limited five years roaming the legal galleries, have I ever heard  stark fear and an an almost constricted throat flailing for words.  Deborah A. Hoet, Appellate Attorney for the VA Secretary via the Office of General Counsel … Continue reading →

Posted in CAVC Knowledge, Veterans Law | Tagged , , , , , , , , , , , | 2 Comments

CAVC–KYHN v. SHINSEKI–NO ADDITIONS TO THE RBA

Posted on October 25, 2013 by asknod

We have rules we live by. We have rules for appealing. We cannot modify the rules to “fix” what we forget in a judicial forum. If we appeal to a higher tribunal at the VA, we are allowed to add … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Presumption of Regularity | Tagged , , , , , , , , , , , | 2 Comments

CAVC–MAPA v. SHINSEKI–VALUABLE RESOURCES FOR HCV CLAIMS

Posted on September 7, 2013 by asknod

In my continuing search for information on Malcolm in the Middle’s quest for more definitive proof of injuries due to untreated HCV for 12 years, and his later Interferon prophylaxis that damaged him further, I came across Mr. David L. … Continue reading →

Posted in CAvC HCV Ruling, CAVC Knowledge, HCV Health, HCV Risks (documented), Jetgun Claims evidence, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

FED. CIRCUS–RIZZO v. SHINSEKI (2009)–CHECK THE DOCTOR STAT

Posted on July 15, 2013 by asknod

From member Eric, I am reminded that this is a seminal decision that any Vet who aspires to run with the VA Bulls should read. It’s message is simple. Who is the doctor telling the BVA Veterans Law Judge that … Continue reading →

Posted in CAVC Knowledge, CAVC ruling | Tagged , , , , , , , , , , | 4 Comments

LAY TESTIMONY AS VIABLE EVIDENCE

Posted on June 5, 2013 by asknod

Recently, when I was backed up with my CAVC claim in March, I received this article and it is an absolute “must read” for do it yourselfer (pro se) claimants. By the same token, budding VA law dogs who browse … Continue reading →

Posted in CAVC Knowledge, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

CAVC–DISSSSSMISSSSED!

Posted on April 13, 2013 by asknod

Bad idea, Norman.   IN THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NORMAN R. LINDO ) ) Apellant, ) ) v. ) Vet. App. No. 12-1832 ) ERIC K. SHINSEKI ) ) Appellee. ) PRELIMINARY REBUTTAL RECORD Pursuant … Continue reading →

Posted in CAVC Knowledge, Uncategorized | Tagged , , , , , , , , , , , | 1 Comment