Category Archives: CAVC Knowledge

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

Posted on July 14, 2015 by asknod

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 ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Vets Help, HCV, HCV Veterans, HCVETS, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA HCV Claims Help, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 4 Comments

CAVC–SCHWARTZ v McDONALD–HORS DE COMBAT REQUIRED?

Posted on June 25, 2015 by asknod

Veteran spouse Shirley L. Schwartz has the fire in her belly. Husband David fought the VA delay/deny until you die machine from 2003 to 2012- to the death. Mrs. Schwartz took his place and trusted VA to do the right … Continue reading →

Posted in CAVC Knowledge, CAVC/COVA Decision, CUE, Earlier Effective dates, TDIU | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Disabled Veteran, DIY vA Claims, Gulf War Vets Help, HCV Veterans, HCVETS, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 3 Comments

CAVC–HAVILAND v McDONALD–BACK TO THE FUTURE

Posted on June 22, 2015 by asknod

Don’t you wish you owned one of those cute little stainless steel DeLoreans -you know- the ones with those 1.2 Gigawatt flux capacitor time bangers and a 4 speed with reverse? Fortunately, VA has one and employs it on a fairly regular basis … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, IMOs/IMEs, Lawyering Up, PTSD | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, Gulf War Claims Help, Gulf War PTSD, Gulf War PTSD Claims, Gulf War Vets, Gulf War Vets Help, HCV Veterans, HCVETS, Helping Veterans, Korean War Vets Help, PTSD, Service Connection, VA claims, vA CLAIMS FOR PTSD, VA reduction in ratings, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | Leave a comment

CAVC–SAVAGE V McDONALD–SISTER CORAL’S BEATIFICATION

Posted on June 17, 2015 by asknod

We’ve been watching for a long time to see which way our esteemed new CAVC Judge, Coral Wong Pietsch, would tilt. New judges anywhere in a panel or en banc Court environment tend to rule vaguely and somewhat neutrally, all … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Important CAVC/COVA Ruling, Nexus Information, Presumption of Soundness, VA Medical Mysteries Explained | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War Vets Help, HCV, HCV Veterans, HCVETS, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA Presumption of Soundness, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | Leave a comment

CAVC-KINDER V. McDONALD–ACTUAL IMPROVEMENT OF FUNCTIONING IN EVERYDAY LIFE

Posted on June 7, 2015 by asknod

Hoo, boy. You read that and you get the heebie jeebies thinking this is a foray into VR&E ILP Law. Sad to say, we need a good opinion on that subject and none on the horizon except mine in the BVA … Continue reading →

Posted in CAVC Knowledge, CAVC/COVA Decision, Lawyering Up, Reductions in rating | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Disabled Veteran, DIY vA Claims, Gulf War Vets Help, HCV Veterans, HCVETS, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA HCV Claims Help, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 2 Comments

CAVC–TO WRIT OR NOT TO WRIT

Posted on May 28, 2015 by asknod

I’m beginning to see a groundswell of disgruntled Veterans contacting me after my prolonged Extraordinary Writ series from January through March. All contain one thread-delay, denial, misconstrual. In a word, all that VA has always been famous for coming on … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, EAJA, Extraordinary Writs of Mandamus, Lawyering Up, Tips and Tricks, VA BACKLOG, Veterans Law | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Gulf War Claims Help, HCV Veterans, HCVETS, Korean War Vets Help, VA claims, VA Extraordinary Writ of Mandamus, Veterans Benefits, Veterans claims help, Veterans Humor, Vietnam Veterans Claims Help. | 4 Comments

CAVC–PAZ V McDONALD–IMPLICITLY MAKING A FINDING

Posted on May 19, 2015 by asknod

I love reversals. Where Meg Bartley is concerned, they are delicious and well-thought out. So, too, is this vignette of Mr. Santiago Paz and his incredible bad luck with VA. In my next incarnation I shall write a book for … Continue reading →

Posted in CAVC Knowledge, Implicit denial, Informal Claims, Reductions in rating, VA Medical Mysteries Explained, Veterans Law | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, HCV, HCV Veterans, HCVETS, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA HCV Claims Help, VA reduction in ratings, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 3 Comments

ROAD TRIP– RENO–NOVA IN SF

Posted on April 10, 2015 by asknod

Cupcake called for a Road Trip. Naturally, being her assigned bodyguard, I will be required to go with her. We’re heading out Monday and heading south on the back roads. RON @ Klamath Falls on Monday night and then to the … Continue reading →

Posted in All about Veterans, CAVC Knowledge, General Messages, Veterans Law | Tagged 2015 Spring NOVA Conference, ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War Vets Help, HCV, HCV Decisions, HCV Veterans, HCVETS, Help with vA Claims, Help with vA HCV Claims., Helping homeless Vets, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, vA CLAIMS FOR PTSD, VA HCV Claims Help, VA Medical Care, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 4 Comments

CAVC–BOND V McDONALD–IMPLICIT DENIAL REQUIREMENTS

Posted on April 8, 2015 by asknod

I’ve been waiting for a good decision-not necessarily a precedential one- that illustrates the concept of implicit denial. Judge Kasold, not my favorite Judge at the CAVC, defends this concept in his affirmation of Mr. James E. Bond’s (no relation … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Implicit denial | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War Vets Help, HCVETS, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 8 Comments

VA FILINGS–MURPHY’S NEW LAW

Posted on March 31, 2015 by asknod

We are starting to see a new metric develop with staggering implications. For over thirty years, around the time of the VJRA of 1988, there has been a gradual increase in claims adjudication times that cannot be excused due to … Continue reading →