Category Archives: CAVC ruling

GREEN vs. SHINSEKI–IT AIN’T ON “THE LIST”

Posted on April 12, 2013 by asknod

For years we Vietnam Vets have been spanked on different cancers that were not on the list of approved Agent Orange diseases [38 CFR § 3.309(e)]. You could come down with it but somehow it always wasn’t on the magic list. … Continue reading →

Posted in AO, CAVC Knowledge, CAVC ruling | Tagged , , , , , , , , , , , | 2 Comments

APRIL FOOL’S DAY 2013

Posted on April 3, 2013 by asknod

April Fool’s day in 2011 dawned with Mr. Heino’s pill-cutting shenanigans. April Fool’s Day  2013 in Seattle and environs dawned crisp and clear- what aviators call CLAVU. CLear to Altitude-Visibility Unlimited. Upon checking my email, I discovered that Santa had … Continue reading →

Posted in CAVC ruling, Remanded claims | Tagged , , , , , , , , , , | 1 Comment

CAVC–SPENCER v. SHINSEKI– PRO SE REVERSAL

Posted on March 31, 2013 by asknod

As I mentioned several days ago, spotting a reversal at the Court is always a good yarn to read. Edna C. Spencer’s reads like a professionally written novel. This crusty old lady is nothing if not thorough in pursuing this. … Continue reading →

Posted in CAVC ruling, Veterans Law | Tagged , , , , , , , , , | 4 Comments

CAVC–GIRARDO v. SHINSEKI– WHERE’S THE SOC?

Posted on March 28, 2013 by asknod

I love reversals. They illustrate VA law at it’s finest. Here, Mr. Larry J. Girardo gets another bite of the apple because VA is so dense and obtuse as to be unable (or unwilling) to comprehend that a filing represents … Continue reading →

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CAVC–SHEPARD V. SHINSEKI–UNDERSTANDING 3.156(C) FOR FUN AND PROFIT

Posted on March 27, 2013 by asknod

When looking for good cases to read these days, one looks for the word reversal.Even then it isn’t always the shiny nugget in the bottom of the pan. In the absence of the dreaded ” vacated and remanded for reasons … Continue reading →

Posted in CAVC ruling, CAVC/COVA Decision | Tagged , , , , , , , , , , | 2 Comments

CAVC– VA 5, HARTSOX 0

Posted on March 21, 2013 by asknod

Rest in Peace, Michael. They won this time and you didn’t live long enough for the payout. You just taught another Vet not to wait on submitting  his claims. Way to go, dude. He’ll thank you some day. UNITED STATES … Continue reading →

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CAVC–RICKETT v. SHINSEKI–EQUITABLE TOLLING

Posted on March 16, 2013 by asknod

Every decade, it seems the Court has to restate their position on some facet of VA law. Here, it’s the confusing tapestry of decisions coming down from the Fed. Circuit that seems to confuse the Court again and again. Each … Continue reading →

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CAVC–McMILLAN v. SHINSEKI– BAD NEWS TRAVELS FAST

Posted on March 3, 2013 by asknod

I suspected this was going to hit the books in record time and I was right. Barely a week later following Walker, we are seeing it being cited. Seriously. A week? When my BVA decision was announced in 1992, no … Continue reading →

Posted in CAVC Knowledge, CAVC ruling | 1 Comment

FED. CIR.–WALKER V. SHINSEKI–§3.303(b) SAYS WHAT?

Posted on February 25, 2013 by asknod

After years of zooming by 38 CFR §3.303(b) like an anonymous building alongside  the freeway at 65 mph and seeing it quoted often in denials of HCV cases, I was rudely awakened to the following. Apparently a lot of us pro … Continue reading →

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CAVC–CHECO V. SHINSEKI (ORDER)

Posted on January 8, 2013 by asknod

Veterans justice just took another hit on January 4th. Cerise Checo, a young lady with a mobile zip code, was informed that her legal help was amateurish and she was being denied her right to appeal to the CAVC due … Continue reading →

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