Category Archives: CAVC Knowledge

CAVC–CARPENTER v. McDONALD–ACCESS TO VBMS FILES

With the advent of the Veterans Benefits Management System came the world of virtual access. Gone are the days of the paper c-file for the most part. Everything is now electronic with the benefit of word-searchable .PDFs. Who could ask … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus, KP Veterans, Lawyering Up, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–THREATT V. McDONALD-SLOW! EQUITABLE TOLL AHEAD.

Here we have almost the perfect triumvirate of Judges aligned like the stars and one has to spoil it with a bogus “I concur but I’m butthurt about Willie’s due diligence in this matter”. Trust Judge Coral to be the … Continue reading

Posted in All about Veterans, BvA and VARO CUE DECISIONS, CAVC Knowledge, CAVC ruling, Congressional Influence, Equitable tolling, KP Veterans, Tips and Tricks, VA Attorneys, VA Motions for Reconsideration, VSOs | Tagged , , , , , , , , , , , , , , , , | 2 Comments

Important new CAVC ruling on emergency reimbursements 38 U.S.C. § 1725

My old Marine recently received emergency treatment (LINK) at a non-VA hospital.  He is enrolled in Medicare and VA health care. We want to know who is legally obligated to pay what portion of the bills when they start rolling in … Continue reading

Posted in BvA Decisions, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Complaints Department, Food for thought, Guest authors, Important CAVC/COVA Ruling, Lawyering Up, non-va care, Remanded claims, Uncategorized, vA news | Tagged , , | 3 Comments

CAVC–GOPAN V SHINSEKI- LINE OF DUTY FOR DUMMIES

Over the last eight years I have read law. Lots of it. Line of Duty (LOD) determinations are one of those fuzzy areas where everyone can agree to the same thing for five minutes. Then along comes another LOD appeal … Continue reading

Posted in All about Veterans, CAVC Knowledge, CAVC ruling, KP Veterans, LOD and willful misconduct, transfusions and hepatitis, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

HADIT.COM RADIO– WHAT HAPPENS IN VEGAS NEVER STAYS THERE

John and Jerrel have invited me to come spill the secrets of the NOVA Witches and Warlocks Supreme Council in Lost Wages, Nevada last week. I gladly do so in hopes none of this valuable information is buried but rather   … Continue reading

Posted in BvA Decisions, CAVC Knowledge, KP Veterans, Medical News, Nexus Information, Tips and Tricks, VA Attorneys, vA news, VBMS Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , , , | 5 Comments

BVA–PHIL CUSHMAN? NEVER HEARD OF HIM.

FROM THE HEAVENSGATE RO IN SAINT PETER’S BURG   Phil Cushman’s name will probably remain high in the pantheon of heroes at the VA along with Mario Caluza, Norman NMI Gilbert and Joe Fenderson. Hosannas in the highest and good … Continue reading

Posted in CAVC Knowledge, KP Veterans, VA Attorneys, vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | 2 Comments

CAVC– DOBBINS V McDONALD– AB V. BROWN REDUX IN VA 9

As I love to point out, some of the best VA law is found in reversals. What better place to look than CAVC Judge (Saint) Mary Schoelen’s rulings. She seems impervious to the stares and consternation of her fellow jurists … Continue reading

Posted in 1154(b) combat presumptions, CAVC Knowledge, CAVC/COVA Decision, Earlier Effective dates, PTSD, SOCs and SSOCs, Vietnam War history | Tagged , , , , , , , , , , , , , , , , , , , | 2 Comments

FED. CIR.–CARTER v McDONALD–SURPRISE SURPRISE SURPRISE SGT. CARTER!

It is said sarcasm is hard to detect in internet postings. So hard, in fact, that over 60% of it goes right over the head of the intended recipients. How sad. Sarcasm is my forte. It’s my raison d’etre in … Continue reading

Posted in CAVC Knowledge, Equitable tolling, Fed. Cir. & Supreme Ct., Lawyering Up, VA Attorneys | Tagged , , , , , , , , , , , , , , , | 1 Comment

CAVC–WILSON v McDONALD-CHANGING WATER TO WINE

As I pointed out several days ago, Mr. Billy E. Wilson’s travails at the BVA were nothing more than standard VA protocol. Distracting your “mark” by dragging in extraneous arguments and then not even addressing them is par for the … Continue reading

Posted in CAvC HCV Ruling, CAVC Knowledge, HCV Risks (documented), Medical News, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

CAVC–GOING FOR THE ATTORNEY’S EAJA ON EXTRAORDINARY WRIT

This is pretty funny. Hell, no. It’s a riot. Rarely in the history of Extraordinary Writs have petitioners (me) prevailed on all counts and made off with Monty’s Cookie Jar. It just doesn’t happen. If you asked VA to issue … Continue reading

Posted in CAVC Knowledge, CAVC ruling, EAJA, Extraordinary Writs of Mandamus | Tagged , , , , , , , , , , , , , , , , , , | 4 Comments