Category Archives: CAVC ruling

CAVC–CARPENTER v. McDONALD–ACCESS TO VBMS FILES

Posted on June 14, 2016 by asknod

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

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

Posted on May 22, 2016 by asknod

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 ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War Vets Help, HCV Veterans, HCVETS, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 2 Comments

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

Posted on May 13, 2016 by Laura

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 asknod@wordpress.com, CAvC/COvA Decisions, Veterans Benefits | 3 Comments

CAVC–GOPAN V SHINSEKI- LINE OF DUTY FOR DUMMIES

Posted on April 16, 2016 by asknod

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 ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War PTSD, Gulf War PTSD Claims, Gulf War Vets, Gulf War Vets Help, HCV Veterans, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, PTSD, Service Connection, VA claims, vA CLAIMS FOR PTSD, VA HCV Claims Help, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | Leave a comment

CAVC–FILING FOR A PANEL ON EX WRIT EAJA FEES

Posted on March 2, 2016 by asknod

Today, in frustration, I filed for my EAJA fees on my Extraordinary Writ of Mandamus again by asking to go around Judge “Denied!” Davis. Realizing you cannot teach the fine points of law to a biased mentality, and seeking to … Continue reading →

Posted in CAVC ruling, EAJA, Extraordinary Writs of Mandamus, Important CAVC/COVA Ruling, KP Veterans, Tips and Tricks, Veterans Law | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, cavc EAJA Fees for Extraordinary Writ of Mandamus, CAvC HCV decision, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War Vets Help, HCV Veterans, HCVETS, Help with vA Claims, Help with vA HCV Claims., Korean War Vets Help, Service Connection, VA claims, VA Extraordinary Writ of Mandamus, VA HCV Claims Help, Veterans claims help, Vietnam Veterans Claims Help. | 1 Comment

CAVC–GRAHAM V McDONALD- THE BUCKHANNON CATALYST THEORY

Posted on February 26, 2016 by asknod

Judge Davis just announced my denial for EAJA fees yesterday afternoon. It took him almost six months of struggle to write it. As the decision is horribly flawed, it will be appealed for a panel decision first. If that fails, we set … Continue reading →

Posted in CAVC ruling, CAVC/COVA Decision, EAJA, KP Veterans, VA Attorneys | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War Vets Help, HCV, HCV Veterans, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA extraordinary Writs EAJA fees., VA HCV Claims Help, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 4 Comments

CAVC–MITCHELL v McDONALD–THE NEVER-ENDING BERAUD REDUX

Posted on November 23, 2015 by asknod

Ever since the Bond v. Shinseki dustup that had to travel to the Fed. Circus for clarification, we see the VA’s continued intransigence toward the concept of new evidence submitted in that golden window either with the NOD or within the … Continue reading →

Posted in 38 CFR § 3.156(b), CAVC ruling, Important CAVC/COVA Ruling | Tagged 39 CFR 3.156(b) case law, 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, VA claims, VA HCV Claims Help, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 1 Comment

CAVC-GAGNE v. McDONALD–JSRRC DUTY TO ASSIST (NOT)

Posted on November 8, 2015 by asknod

The Court hands down precedential decisions on occasion that baffle and are invariably overturned at the Fed. Circus where saner minds prevail. On occasion, when sane minds are assigned to the panel to decide momentous matters in the first instance, … Continue reading →

Posted in BvA Decisions, CAVC ruling, Duty to Assist | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gagne v. McDonald, Gulf War Claims Help, Gulf War PTSD, Gulf War PTSD 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 CLAIMS FOR PTSD, VA HCV Claims Help, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 2 Comments

CAVC–LOUDERBACK vs McDONALD-BACK TO THE BERMUDA TRIANGLE

Posted on July 19, 2015 by asknod

Imagine. Another reversal from Brother Greenberg up at the Big House at 625 Native Americana Ave, NW. This one, while a single judge memorandum, is still valuable and very notable for several reasons we will see. Most importantly, it points … Continue reading →

Posted in BvA Decisions, CAVC ruling, CUE, Important CAVC/COVA Ruling, KP Veterans, Nexus Information | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War PTSD Claims, Gulf War Vets, Gulf War Vets Help, HCV Health Tips, HCV Veterans, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 1 Comment

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 →