Category Archives: CAVC/COVA Decision

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

CAVC–WEAVER V SHINSEKI– PROTECTING THE PRESUMPTION OF SOUNDNESS

Posted on June 18, 2014 by asknod

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

Posted on June 17, 2014 by asknod

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

CAVC-SHELTON V. SHINSEKI–THE GOSPEL ACCORDING TO ST. BARTLEY

Posted on June 8, 2014 by asknod

I have crowed long and loud about Meg Bartley’s ascension to the CAVC throne with good cause. Her prior record working on the Veterans Benefits Manual ( Lexis Nexis VBM), as well as her staunch support of Veterans before the … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial, Informal Claims | Tagged , , , , , , , , , , , , , , | 2 Comments

CAVC– STRONG V. SHINSEKI–WE HAVE ALL BEEN HERE BEFORE

Posted on May 29, 2014 by asknod

My sincere apologies to Crosby, Stills, Nash and Young for bogarting the Déjà Vu.  It seems no matter how many times we go through this process, the BVA seems inclined to come up with the same tired excuses for their denials. … Continue reading →

Posted in CAvC HCV Ruling, CAVC/COVA Decision, HCV Health, HCV Risks (documented), Tips and Tricks, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–MURPHY V. SHINSEKI-MURPHY’S LAW STILL REIGNS

Posted on April 15, 2014 by asknod

I often wonder if the original Mr. Murphy ever considered his future enshrinement in the Hall of Giants when he began compiling his laws. I wonder if there was one that covered this sorry mess. Some of us struggle to … Continue reading →

Posted in CAVC ruling, CAVC/COVA Decision | Tagged , , , , , , , , , , , , | 3 Comments

CAVC–FRADKIN v. SHINSEKI–IMPLICIT DENIAL IS STILL A NO-NO

Posted on February 20, 2014 by asknod

Meet Robert Fradkin. An  American eager to serve his country in 1967 and who ended up with bent brain syndrome. VA fought him tooth and nail over this from his discharge in 1971 right up to 2002 when they relented and … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial | Tagged , , , , , , , , , , , | 4 Comments

CAVC-BARNETT V. SHINSEKI–DENIAL WITHOUT REOPENING A CLAIM

Posted on February 9, 2014 by asknod

What would you do if you tried to reopen a claim for Asbestosis or-what the hey- hammertoe, and they refused to reopen it?  Hell, it happens all the time. But try this one on for size. You file to reopen … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision | Tagged , , , , , , | 1 Comment

FED. CIR.–DIXON V. SHINSEKI–WE AIN’T OBLIGATED TO HELP YOU

Posted on February 6, 2014 by asknod

Every once in a while, we get another piece of justice that preserves our sanity and rebuts the idea that we’re pissing into the wind. Veterans law, while touted to be the most lenient, and notably tilted in favor of … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Equitable tolling, Veterans Law | Tagged , , , , , , , , , , , , | 1 Comment