Category Archives: CAVC ruling

CAVC–KYHN v. SHINSEKI–NO ADDITIONS TO THE RBA

Posted on October 25, 2013 by asknod

We have rules we live by. We have rules for appealing. We cannot modify the rules to “fix” what we forget in a judicial forum. If we appeal to a higher tribunal at the VA, we are allowed to add … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Presumption of Regularity | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Gulf War Vets Help, Help with vA Claims, Korean War Vets Help, Service Connection, VA claims, VA presumption of Regularity, Veterans claims help, Vietnam Veterans Claims Help. | 2 Comments

CAVC–WILSON V. SHINSEKI–SIGN HERE, HERE AND HERE

Posted on September 28, 2013 by asknod

I always troll the CAVC decisions site and look for these. The key word is “reversal.” If you see that, you know it’s going to be brutal. Most of them contain a “The Secretary seems to think that…” and concludes … Continue reading →

Posted in CAVC ruling | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Gulf War Claims Help, Gulf War Vets Help, Help with vA Claims, Korean War Vets Help, Service Connection, VA claims, Veterans claims help, Vietnam Veterans Claims Help. | Leave a comment

CAVC–RATLIFF V. SHINSEKI–OH. THAT NOA.

Posted on September 15, 2013 by asknod

After over two decades of hide and seek, we finally have an equitable tolling doctrine in place. Now that we’d found out it’s not jurisdictional, all manner of former misfeasance by those unmentionable souls at the RO and BVA can … Continue reading →

Posted in CAVC ruling, CAVC/COVA Decision, Veterans Law | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Gulf War Vets Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, VA claims, VA Law, Veterans claims help, Vietnam Veterans Claims Help. | 2 Comments

CAVC– REGARDING MR. CLINE’S EAJA FUNDS

Posted on September 2, 2013 by asknod

As most of you know, when you have legal representation, you are entitled to Equal Access to Justice Act funds (EAJA). The catch is that you must prevail in your legal arguments and prove that the VA was “substantially unjustified” … Continue reading →

Posted in CAVC ruling, EAJA | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, EAJA FOR VETS, Gulf War Claims Help, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans claims help, Vietnam Veterans Claims Help. | 1 Comment

QUESTION ABOUT PENDING CLAIMS DOCTRINE

Posted on August 25, 2013 by asknod

Rashid El Malik adds a comment to our Pending claims doctrine post and I thought I would bring it out here so others can see what he’s asking. I have a question? In 2003 I filed a claim for R wrist … Continue reading →

Posted in BvA Decisions, CAVC ruling, Tips and Tricks, Uncategorized | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, BVA Decisions, Gulf War Vets Help, Help with vA Claims, Korean War Vets Help, Service Connection, VA claims, Veterans claims help, Vietnam Veterans Claims Help. | 10 Comments

FED. CIRCUS–RIZZO v. SHINSEKI (2009)–CHECK THE DOCTOR STAT

Posted on July 15, 2013 by asknod

From member Eric, I am reminded that this is a seminal decision that any Vet who aspires to run with the VA Bulls should read. It’s message is simple. Who is the doctor telling the BVA Veterans Law Judge that … Continue reading →

Posted in CAVC Knowledge, CAVC ruling | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Gulf War Claims Help, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, Veterans claims help, Vietnam Veterans Claims Help. | 4 Comments

CAVC– FAUST V. WEST–A FAUSTIAN BARGAIN

Posted on July 14, 2013 by asknod

I have been receiving quite a bit of mail regarding VA reducing some of your ratings out there on the fruited plain. It seems that in spite of the major backlog in claims, VA has taken it upon themselves (and … Continue reading →

Posted in CAVC ruling, Tips and Tricks | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Gulf War Vets Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans claims help, Vietnam Veterans Claims Help. | 1 Comment

CAVC-EASTMAN V. SHINSEKI–GETTING THE C-FILE THE OLD FASHIONED WAY

Posted on July 6, 2013 by asknod

I’ve had Vets write me and ask how to pry loose a copy of their c-file after their requests go unanswered for a year or two. Mr. Clifford A. Eastman, through his able rainmaker, Mr. Mark Lippman, has discovered the … Continue reading →

Posted in C-Files and RBAs, CAVC ruling, Extraordinary Writs of Mandamus, Tips and Tricks | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Gulf War Claims Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA C-files, VA claims, Veterans claims help, Vietnam Veterans Claims Help. | 5 Comments

CAVC– EXTRAORDINARY WRITS DO WORK.

Posted on May 28, 2013 by asknod

In spite of all you have been told by those oh-so-knowledgeable VSOs, you can kick ass and take names at the CAVC with a petition for a Writ of Mandamus. If you’re dirt poor and aren’t getting any respect, you get a bye … Continue reading →

Posted in CAVC ruling, Extraordinary Writs of Mandamus | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War Vets Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA Extraordinary Writ of Mandamus, Veterans claims help, Vietnam Veterans Claims Help. | 4 Comments

CAVC–BERAUD v. SHINSEKI–MEG BARTLEY TO THE RESCUE

Posted on May 16, 2013 by asknod

Rarely in the history of the Court of Veterans Appeals do we see a decision announced and published on a Thursday revoked the following Monday. This implies an inept process with few, if any, procedural safeguards to protect the litigant. This is … Continue reading →