Category Archives: CAVC ruling

CAVC–ANDREWS V SHINSEKI–15 YEAR APPEAL TO BVA for VR&E

Posted on October 19, 2014 by asknod

Here’s an interesting case to put in the ILP file. Marine Veteran Tyrone Andrews has a problem. VA has been dogging his claim as they did mine. And much like me, he knocked them up about fifteen years after filing his … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Independent Living Program | Tagged , , , , , , , , , , , , , , , , | 9 Comments

CAVC–MARKS V. McDONALD–LINE OF DUTY AND WILLFUL MISCONDUCT

Posted on September 18, 2014 by asknod

dAs most know, I glom onto every reversal that comes across the CAVC and CAFC docket. They teach far more in a short time than years of vacates and set asides. By the same token, you find more ordnance to help Veterans … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, LOD and willful misconduct | Tagged , , , , , , , , , , , , , , , , | Leave a comment

FED. CIRCUS–BERAUD V McDONALD–JUSTICE INTERUPTUS II

Posted on September 13, 2014 by asknod

We sure can’t blame Call Me Bob (513-509-8454) McDonald for this one. If Ric Shinseki had been minding the store and given Mr. Leonard NMI Beraud, a former squid, his due recompense, we wouldn’t have to reiterate 38 CFR 3.156 (b) … Continue reading →

Posted in 38 CFR § 3.156(b), CAVC Knowledge, CAVC ruling | Tagged , , , , , , , , , , , | Leave a comment

CAVC–BALLARD V GIBSON–BACK TO SCHOOL ON INFORMAL CLAIMS

Posted on August 5, 2014 by asknod

Reversals are like high-Greek drama compared to vacaturs  and set asides for remand to rehang the Vet. They always invoke the ‘aha’ moment where the Judge points to that fatal flaw of law and says “You can get away with … Continue reading →

Posted in CAVC ruling, Informal Claims | Tagged , , , , , , , , , , , , , , | 1 Comment

CAVC–JEFFREY V GIBSON-SHOW ME THE LEAD TEST

Posted on July 21, 2014 by asknod

You’ve probably noticed by now that a decision with the word “reversed” in the ruling verbiage is a magnet to my senses. Glen R. Bergmann bags a good one here. The BVA and the RO were just not going to … Continue reading →

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CAVC–MOYE V. SHINSEKI-THE PRESUMPTION ACCORDING TO ST. BAGBY

Posted on June 26, 2014 by asknod

My eye, as most know, is drawn to Court reversals as they offer the most cutting -edge jurisprudence and the best read for the money. Leroy Macklem is a recent, classic example of this and Mr. Moye’s win will be … Continue reading →

Posted in CAVC ruling, CUE, Presumption of Regularity | Tagged , , , , , , , , , , , , , , | 2 Comments

CAVC–HOFFMAN V SHINSEKI–REBUTTING THE PRESUMPTION OF REGULARITY

Posted on June 17, 2014 by asknod

As most of you know, Veterans law fascinates me. This is a late epiphany that I acquired while trying to decipher my losses over the years. Once I prevailed, it became an obsession in my desire to help other Vets. … Continue reading →

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

CAVC-SHELTON V. SHINSEKI–THE GOSPEL ACCORDING TO ST. BARTLEY

Posted on June 8, 2014 by asknod

I have crowed long and loud about Meg Bartley’s ascension to the CAVC throne with good cause. Her prior record working on the Veterans Benefits Manual ( Lexis Nexis VBM), as well as her staunch support of Veterans before the … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial, Informal Claims | Tagged , , , , , , , , , , , , , , | 2 Comments

CAVC–MURPHY V. SHINSEKI-MURPHY’S LAW STILL REIGNS

Posted on April 15, 2014 by asknod

I often wonder if the original Mr. Murphy ever considered his future enshrinement in the Hall of Giants when he began compiling his laws. I wonder if there was one that covered this sorry mess. Some of us struggle to … Continue reading →

Posted in CAVC ruling, CAVC/COVA Decision | Tagged , , , , , , , , , , , , | 3 Comments

CAVC–PEOPLES V. SHINSEKI–“DEXEDRINE? SORRY, WE DON’T SEE IT”

Posted on March 4, 2014 by asknod

Once again we venture into reversal land at the CAVC. This is my pet subject. It allows us to minutely examine BVA jurisprudence and see where they saddled up the horse called Illogical and rode out onto the fruited plain … Continue reading →

Posted in C-Files and RBAs, CAVC ruling, Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , , , , , , , , , , | Leave a comment