Category Archives: CAVC ruling

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 , , , , , , , , , , , , , , , , , , , , | 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 , , , , , , , , , , , , , , , , , , , | Leave a comment

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 , , , , , , , , , , , , , | 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 , , , , , , , , , , , , , , , , | 8 Comments

CAVC–PHIL AND VICKI’S WIN UP AT THE BIG HOUSE

Posted on March 14, 2015 by asknod

February and March have been fortuitous months for wins, apparently. I haven’t been on a roll of this magnitude in years. We began with Leigh’s win and Kelly’s was right on it’s heels. My Writ compounded it with interest and … Continue reading →

Posted in CAVC ruling, Earlier Effective dates, Medical News, Remanded claims, Tips and Tricks, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–BIRTH OF A WRIT- ACT III SCENE 8-DOWN FOR DOUBLE

Posted on March 8, 2015 by asknod

A short while ago in VA time, when I won my claim in June 2008, I noticed they (VA) forgot to go back to 1994. That wasn’t a deal breaker. I knew they weren’t going to pony up without a good … Continue reading →

Posted in AO, BvA Decisions, C&P exams, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, Earlier Effective dates, Porphyria Cutanea Tarda, SMC, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , , | 15 Comments

CAVC–WALKER V. MCDONALD–NOT THAT WALKER

Posted on December 11, 2014 by asknod

Rarely do you see Judge Lance in this good form. Enjoy it. It’s rare. He can’t get past the middle of page three before tooting his own horn on the Kahana v. Shinseki (Lance, J. concurring) cite. Some egos are … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Earlier Effective dates | Tagged , , , , , , , , , , , , , | 1 Comment

CAVC– GROVES V MCDONALD–WE MISFILED IT. IT’S OKAY.

Posted on December 1, 2014 by asknod

We at Asknod always troll for the blood at the CAVC and Fed. Circus. On the rare occasion that we Vets have one of our own go up to the Big BIG House, of course that warrants even more attention. … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus | Tagged , , , , , , , , , , , , , , , | 7 Comments

CAVC–PROFFER V. McDONALD–TAILORING THE PRESUMPTION

Posted on November 9, 2014 by asknod

I have written of reversals about all manner of cases. I have written of the Presumption of Regularity and it’s increasing importance in jurisprudence where the VA is fond of telling the truth partially but fudging on the “and they lived happily ever after.” … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Presumption of Regularity, Tips and Tricks | Tagged , , , , , , , , , , , , , , , | Leave a comment

CAVC–REAVES v. McDONALD–THE PANDORA PARADOX

Posted on October 23, 2014 by asknod

This is a great Single Judge decision to illustrate  the ultimate stupidity of finally granting something now that they’ve been denying since 1982-fully 32 years ago. Add in “losing” the c-file and having to reconstruct it (funny what makes it back … Continue reading →

Posted in BvA Decisions, CAVC Knowledge, CAVC ruling, PTSD, research, Vietnam War history | Tagged , , , , , , , , , , , , , , | 3 Comments