Category Archives: CAVC Knowledge

GREEN vs. SHINSEKI–IT AIN’T ON “THE LIST”

Posted on April 12, 2013 by asknod

For years we Vietnam Vets have been spanked on different cancers that were not on the list of approved Agent Orange diseases [38 CFR § 3.309(e)]. You could come down with it but somehow it always wasn’t on the magic list. … Continue reading →

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CAVC– 2012 ANNUAL REPORT

Posted on March 29, 2013 by asknod

  Great little thing to keep handy. When someone tells you you should go barefoot to the CAVC and defend yourself, show them the pro se statistics.

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CAVC–RICKETT v. SHINSEKI–EQUITABLE TOLLING

Posted on March 16, 2013 by asknod

Every decade, it seems the Court has to restate their position on some facet of VA law. Here, it’s the confusing tapestry of decisions coming down from the Fed. Circuit that seems to confuse the Court again and again. Each … Continue reading →

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CAVC–McMILLAN v. SHINSEKI– BAD NEWS TRAVELS FAST

Posted on March 3, 2013 by asknod

I suspected this was going to hit the books in record time and I was right. Barely a week later following Walker, we are seeing it being cited. Seriously. A week? When my BVA decision was announced in 1992, no … Continue reading →

Posted in CAVC Knowledge, CAVC ruling | 1 Comment

NOD v. SHINSEKI–VA CAVES IN ?

Posted on February 27, 2013 by asknod

This just in. After reading their cards and weeping, VASEC has just acknowledged they are holding what appears to be a compromised or losing hand. Oddly enough, it only took them 5 years to ascertain this (2008). I guess someone sat down … Continue reading →

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CAVC SERIES–GILBERT’S LASTING LEGACY

Posted on January 18, 2013 by asknod

When we survey our Veterans fiefdom for judicial uniqueness, we notice that in spite of what is described as a Veteran-friendly environment, we often manage to end up on the wrong side of it. 85% of you, to be exact. … Continue reading →

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

CAVC KNOWLEDGE 6–THEORY OF RELATIVITY

Posted on December 7, 2012 by asknod

When you get to the CAVC and you are preparing your defense, the proper thing do is to express every theory of service connection-anything- no matter how far-fetched. It should only be theories advanced in your BVA appeal which behooves … Continue reading →

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CAVC KNOWLEDGE–5–JMRs

Posted on November 24, 2012 by asknod

Sadly, some of this knowledge I am preparing to discuss seems to be on a “need to know” basis much like classified info. You’ll never hear it from VSOs which is peculiar. After all, they profess to have their ear … Continue reading →

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CAVC–JONES v. SHINSEKI-DIARRHEA vs LOOSE STOOLS

Posted on October 27, 2012 by asknod

Here’s one I’m sure will have interesting implications for Veterans for some time. I’m not being humourous, either. David J. Jones finds himself in a holding pattern on the upwind leg and can’t seem to get tower clearance to land. The Secretary … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Nexus Information, Veterans Law | Tagged , , , , , , , , , , , , , , , | 3 Comments

CAVC KNOWLEDGE–4

Posted on October 25, 2012 by asknod

Once you have been denied at the BVA, your have 120 days and nights to appeal your claim. This is done by sending it in to the Court. If you make the mistake of sending it to your RO or the BVA, … Continue reading →

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