Category Archives: CAVC ruling

VA Emergency Care good news: Staab v Sec. Shulkin

Thanks to Frank’s helpful eyeballs, I have some good news to report about the veteran emergency care benefit that has been withheld since 2010. Sec. Shulkin has had a change of heart.  Last week he held that the Staab case … Continue reading

Posted in All about Veterans, CAVC Knowledge, CAVC ruling, General Messages, Guest authors, Important CAVC/COVA Ruling, Inspirational Veterans, Lawyering Up, non-va care, Uncategorized, VA BACKLOG, VA Secretaries | Tagged , , , , | 2 Comments

CAVC– WELCH V. SHULKIN–PISSING OFF THE POPE

Most Veterans don’t understand how this VA poker game works. I know it took me around the block three times with Veterans Services Organizations running interference for VA against me. Every once and a while I like to look back … Continue reading

Posted in All about Veterans, CAVC ruling, Earlier Effective dates, Equitable tolling, KP Veterans, PTSD | Tagged , , , , , , , , , , , , , | 1 Comment

CAVC–PERCY V SHINSEKI (2009) — WHO OWNS IT?

I have an unusual case of a gentleman who filed to stop a reduction in his rating. At the same time, he had a newly denied claim at the Seattle RO. The gentleman filed his NOD and the presumption of … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Important CAVC/COVA Ruling, KP Veterans, Nexus Information, Remanded claims, Tips and Tricks | Tagged , , , , , , , , , , , , | 6 Comments

CAVC-PROCOPIO V. McDONALD (ROUND 2)- WE HAVE ALL BEEN HERE BEFORE

As CAVC cases go, this is a horrible retread. So much so that they didn’t even deign to give it a panel. Jurisprudence this defective should not be permitted to see daylight-let alone twice. I am all for every dog … Continue reading

Posted in Agent Orange, AO, CAVC ruling, DM II, KP Veterans, Vietnam War history | Tagged , , , , , , , , , , , | 5 Comments

VA rats fighting emergency care CAVC ruling: Richard W. Staab v. Robert A. McDonald

The financial shocks that VHA-enrolled veterans face when they find out that none of their emergency care claims will be covered, if they have Medicare or private insurance, is of no ethical concern to the VA.  The National Veterans Legal Services … Continue reading

Posted in All about Veterans, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Complaints Department, Food for thought, Important CAVC/COVA Ruling, Lawyering Up, Military Madness, research, Uncategorized, VA Attorneys, VA BACKLOG, vA news | Tagged , , , | 2 Comments

CAVC–CHISHOLM V McDONALD- I HEAR YOU KNOCKIN’ BUT YOU CAN’T COME IN

In a bold strike, with an Extraordinary Writ, no less, Robert Chisholm and his Merry Band in Sherwood Forest, Rhode Island have won a dandy victory for all of us at the National Organization of Veterans Attorneys (NOVA). We all … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus, Important CAVC/COVA Ruling, KP Veterans, VA Agents, VA Attorneys, vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

CAVC– #116-2098-POST GAME WRAP AND POST MORTEM

After every CAVC encounter and especially Extraordinary Writs of Mandamus, I like to dissect them to ascertain what was gained, lost or ignored. Basically, those are the only talismans to wave after the dust settles. So, in retrospect, what did … Continue reading

Posted in CAVC ruling, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , | 5 Comments

CAVC–#16-2098–POSTSCRIPT-ARE YOU OKAY WITH THAT, ST. MARGARET?

Never being one to leave an errant sweater thread alone or a VA scab unpicked, I felt compelled to at least answer in my defence and protect my honor. Having hornswoggled sweet ol’ Saint Margaret into believing that maybe I … Continue reading

Posted in All about Veterans, CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Tips and Tricks, VA Attorneys, Veterans Law, VR&E | Tagged , , , , , , , , , , , , , , , , , , , | 3 Comments

CAVC #16-0298–THE RISE AND FALL OF ANOTHER EX. WRIT

I love the Court of Appeals for Veterans Claims (CAVC) method for Extraordinary Writs of Mandamus. Just like those fabled Chinese dry cleaners’ claims of ‘In by ten, you come get when little hand on three.’, my Ex. Writ was ‘in’ … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans | Tagged , , , , , , , , , , , , , , , , , , , | 9 Comments

CAVC-PARSEEYA-PICCHIONE V. McDONALD-THE AGES-OLD AO PARADOX

I have worked with Karen in Florida for a long time on this. Kurt Priessman excavated a large number of CHECO Reports and ‘lost’ pages over the years which fleshed out the rather dubious military/VA insistence on the use of … Continue reading

Posted in Agent Orange, CAVC Knowledge, CAVC ruling, KP Veterans, Nexus Information, Thailand AO presumptive path, Tips and Tricks, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , | 9 Comments