Category Archives: CAVC ruling

CAVC–MAUGHAN V. SHINSEKI–ANY OLD DOC THAT YOU THINK WILL DO

Posted on March 4, 2014 by asknod

The following case illustrates what a lot of you who file for HCV are encountering. It also exhibits a large amount of chutzpah on the VA’s and the BVA’s part about what they think constitutes justice. Many of us wait … Continue reading →

Posted in CAVC ruling, IMOs/IMEs | Tagged , , , , , , , , , , , , | 2 Comments

CAVC–FRADKIN v. SHINSEKI–IMPLICIT DENIAL IS STILL A NO-NO

Posted on February 20, 2014 by asknod

Meet Robert Fradkin. An  American eager to serve his country in 1967 and who ended up with bent brain syndrome. VA fought him tooth and nail over this from his discharge in 1971 right up to 2002 when they relented and … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial | Tagged , , , , , , , , , , , | 4 Comments

CAVC–MEKUS V. SHINSEKI–IDLE HANDS ARE THE DEVIL’S WORKSHOP

Posted on February 13, 2014 by asknod

Given that there’s a backlog that would reach from Seattle to Honolulu if all the Vets lined up, you would wonder how on earth anyone would have to time to pick and dig and come up with this idiotic CUE. … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CUE | Tagged , , , , , , , , , , , , , , | Leave a comment

CAVC-BARNETT V. SHINSEKI–DENIAL WITHOUT REOPENING A CLAIM

Posted on February 9, 2014 by asknod

What would you do if you tried to reopen a claim for Asbestosis or-what the hey- hammertoe, and they refused to reopen it?  Hell, it happens all the time. But try this one on for size. You file to reopen … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision | Tagged , , , , , , | 1 Comment

FED. CIR.–DIXON V. SHINSEKI–WE AIN’T OBLIGATED TO HELP YOU

Posted on February 6, 2014 by asknod

Every once in a while, we get another piece of justice that preserves our sanity and rebuts the idea that we’re pissing into the wind. Veterans law, while touted to be the most lenient, and notably tilted in favor of … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Equitable tolling, Veterans Law | Tagged , , , , , , , , , , , , | 1 Comment

CAVC–WALTHERS V. SHINSEKI–INFORMAL WITHDRAWALS

Posted on January 18, 2014 by asknod

I don’t know how many times I get emails from guys asking what will happen  if they file for the DM2 they’ve had since the first Interferon merrygoround. The universal worry seems to be an ominous feeling of instant retribution … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Tips and Tricks | Tagged , , , , , , , , , , , , , | 1 Comment

CAVC–MEKUS V. SHINSEKI–THROWING OUT THE RED FLAG

Posted on January 9, 2014 by asknod

As many times as I write about VA law, I get the biggest bang out of reversals. Which Judge is often interesting in an effort to see who might have become more liberal towards our cause. We have come to … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Reductions in rating | Tagged , , , , , , , , , , | 3 Comments

THE ROBERTS REDUX

Posted on December 8, 2013 by asknod

The Veterans Administration is one of the largest agencies of the US government. As such, they consume the lion’s share of the finances in their administration of benefits and medical services to Veterans. At last count, I believe the annual … Continue reading →

Posted in BvA Decisions, CAVC ruling, Inspirational Veterans, VAOIG Watchdogs | Tagged , , , , , , , , , , , , | 5 Comments

IT’S BEGINNING TO LOOK A LOT LIKE CHRISTMAS-#47

Posted on November 24, 2013 by asknod

Member John who has been among us many years has finally been graced by the VA tooth fairy. It took nothing less than Virginia Girard-Brady to effect it, though. John was becoming rather disheartened after waiting for what felt like … Continue reading →

Posted in BvA Decisions, CAVC ruling, Extraordinary Writs of Mandamus | Tagged , , , , , , , , | 6 Comments

CAVC-COLLINS v. SHINSEKI– MORE PRESUMPTION OF REGULARITY

Posted on November 17, 2013 by asknod

After Kyhn v. Shinseki finally got to the bottom of the fact that VA really has no procedure for making sure the VAMC or whoever sends out a letter to a Vet informing him of a C&P, we would think … Continue reading →

Posted in CAVC ruling, Presumption of Regularity | Tagged , , , , , , , , , | 1 Comment