Category Archives: CAVC/COVA Decision

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

Posted on November 20, 2016 by Laura

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

Posted on June 1, 2016 by asknod

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

Posted on May 13, 2016 by Laura

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, 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

Posted on February 26, 2016 by asknod

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, VA Attorneys | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments

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

Posted on January 12, 2016 by asknod

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

Posted on July 17, 2015 by asknod

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?

Posted on June 25, 2015 by asknod

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 , , , , , , , , , , , , , , , | 3 Comments

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

Posted on June 7, 2015 by asknod

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

Posted on October 19, 2014 by asknod

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

Posted on July 31, 2014 by asknod

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