Category Archives: CAVC/COVA Decision

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

CAVC-KINDER V. McDONALD–ACTUAL IMPROVEMENT OF FUNCTIONING IN EVERYDAY LIFE

Hoo, boy. You read that and you get the heebie jeebies thinking this is a foray into VR&E ILP Law. Sad to say, we need a good opinion on that subject and none on the horizon except mine in the BVA … Continue reading

Posted in CAVC Knowledge, CAVC/COVA Decision, Lawyering Up, Reductions in rating | Tagged , , , , , , , , , , , , , , , , , | 2 Comments

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

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–TRAORE V. GIBSON–GREENBERG THE MERCILESS

Once again, we delve into the intricacies of just what it takes to invoke the dreaded word “Reverse”- the ultimate bitchslap to a Veterans Law Judge (VLJ).  Equally embarrassing  is the fact that the Office of General Counsel (OGC 027) … Continue reading

Posted in CAVC/COVA Decision, Presumption of Regularity | Tagged , , , , , , , , , , , | 1 Comment

CAVC–WEAVER V SHINSEKI– PROTECTING THE PRESUMPTION OF SOUNDNESS

Whoooo, doggies. Glen R. Bergman of Bergman & Moore spanked Willy Gunn’s Lumpa Lumpas in this contest. It was a frank reversal-as in bitchslap- administered by none other than our Lady of Indiana Ave. NW-St. Mary of Schoelen. It was … Continue reading

Posted in CAVC/COVA Decision, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , | Leave a comment

CAVC-WELLS V SHINSEKI–THE VA GIVETH AND THE VA TAKETH AWAY

Ah, reversals. What could be more fun? I’m just guessing Alexandra Lio, Esquire is walking on air over this one. It’s a fine feather in Chisolm, Chisolm and Kilpatrick LLP’s hat, too. It illustrates perfectly the urge of VA to … Continue reading

Posted in CAVC/COVA Decision, Nexus Information, Tips and Tricks, Vietnam Disease Issues | Tagged , , , , , , , , , , , , | 2 Comments