Category Archives: CAVC/COVA Decision

VA rats fighting emergency care CAVC ruling: Richard W. Staab v. Robert A. McDonald

The financial shocks that VHA-enrolled veterans face when they find out that none of their emergency care claims will be covered, if they have Medicare or private insurance, is of no ethical concern to the VA.  The National Veterans Legal Services … Continue reading

Posted in All about Veterans, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Complaints Department, Food for thought, Important CAVC/COVA Ruling, Lawyering Up, Military Madness, research, Uncategorized, VA Attorneys, VA BACKLOG, vA news | Tagged , , , | 2 Comments

CAVC–COLLAZO V McDONALD–COULD’VE, WOULD’VE, SHOULD’VE

Those very same three horses ran in the fourth, fifth and sixth races of innumerable visits to the track until I met Cupcake. She feels  the heat in her fingers and can feel the winner on the program. But that’s … Continue reading

Posted in BvA HCV decisions, CAVC/COVA Decision, Nexus Information | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Important new CAVC ruling on emergency reimbursements 38 U.S.C. § 1725

My old Marine recently received emergency treatment (LINK) at a non-VA hospital.  He is enrolled in Medicare and VA health care. We want to know who is legally obligated to pay what portion of the bills when they start rolling in … Continue reading

Posted in BvA Decisions, Call Bob, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Complaints Department, Food for thought, Guest authors, Important CAVC/COVA Ruling, Lawyering Up, non-va care, Remanded claims, Uncategorized, vA news | Tagged , , | 3 Comments

CAVC–GRAHAM V McDONALD- THE BUCKHANNON CATALYST THEORY

Judge Davis just announced my denial for EAJA fees yesterday afternoon. It took him almost six months of struggle to write it. As the decision is horribly flawed, it will be appealed for a panel decision first. If that fails, we set … Continue reading

Posted in CAVC ruling, CAVC/COVA Decision, EAJA, KP Veterans, NOVA Attorneys, VA Attorneys | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments

CAVC– DOBBINS V McDONALD– AB V. BROWN REDUX IN VA 9

As I love to point out, some of the best VA law is found in reversals. What better place to look than CAVC Judge (Saint) Mary Schoelen’s rulings. She seems impervious to the stares and consternation of her fellow jurists … Continue reading

Posted in 1154(b) combat presumptions, CAVC Knowledge, CAVC/COVA Decision, Earlier Effective dates, PTSD, SOCs and SSOCs, Vietnam War history | Tagged , , , , , , , , , , , , , , , , , , , | 2 Comments

CAVC–HUNT VS McDONALD–RED CLAY BETWEEN MY TOES

I shudder to think how many of us who served in Vietnam have hit the wall when they tell you your Agent Orange claim cannot stand because you simply were not there. This is a default setting-one assumed before any … Continue reading

Posted in AO, CAVC/COVA Decision, Lay testimony, Medical News, Nexus Information, Remanded claims, Tips and Tricks, Veterans Law, Vietnam Disease Issues, Vietnam War history | Tagged , , , , , , , , , , , , , , , , , , | 3 Comments

CAVC–SCHWARTZ v McDONALD–HORS DE COMBAT REQUIRED?

Veteran spouse Shirley L. Schwartz has the fire in her belly. Husband David fought the VA delay/deny until you die machine from 2003 to 2012- to the death. Mrs. Schwartz took his place and trusted VA to do the right … Continue reading

Posted in CAVC Knowledge, CAVC/COVA Decision, CUE, Earlier Effective dates, TDIU | Tagged , , , , , , , , , , , , , , , | 4 Comments