Category Archives: CUE

LZ CORK–CLEAR AND UNMISTAKABLE ERROR

It’s one thing to recite 38 CFR to me and tell me what some arcane VA manual said about how to rate _____________ and under what circumstances and how the regulation has percolated down to us in the ensuing forty six … Continue reading

Posted in 1154(b) combat presumptions, C-Files and RBAs, Congressional Influence, CUE, Inferred claims, Informal Claims, KP Veterans, VA Agents, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , | 2 Comments

BVA–PORPHYRIA EQUALS 100% SCHEDULAR

In an important ruling which can be used by other Vets, Veterans Law Judge Vito Clemente made a finding of fact that Porphyria Cutanea Tarda (PCT) can be rated at 100%. The argument is universal and can readily be fashioned to … Continue reading

Posted in AO, Blood info, BvA HCV decisions, CUE, Nexus Information, Porphyria Cutanea Tarda, Presumption of Regularity, research, Tips and Tricks, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

CAVC–LOUDERBACK vs McDONALD-BACK TO THE BERMUDA TRIANGLE

Imagine. Another reversal from Brother Greenberg up at the Big House at 625 Native Americana Ave, NW. This one, while a single judge memorandum, is still valuable and very notable for several reasons we will see. Most importantly, it points … Continue reading

Posted in BvA Decisions, CAVC ruling, CUE, Important CAVC/COVA Ruling, KP Veterans, Nexus Information | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

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–DENNIS V. SHINSEKI–DENNIS THE MENACE GOES AWOL

Here’s one for the  HCV ammo pouch that Veterans would be wise to read. It certainly has other useful ramifications for a legal defense but the thrust is unique and needs to be iterated forcefully. Drug use is often used … Continue reading

Posted in CAvC HCV Ruling, CAVC Knowledge, CUE | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

VA FORM 9–EVERYTHING YOU ALWAYS WANTED TO KNOW

What is it about completing a Form 9 substantive appeal for your claim(s) within that sixty day window that seems so insurmountable? What seems so daunting from a pro se claimant’s perspective that provokes dread, confusion and indecision on what … Continue reading

Posted in CUE, Earlier Effective dates, Tips and Tricks, VA suspense dates, VARO Misfeasance | Tagged , , , , , , , , , , , , , , , , , , , , | 2 Comments

VASEC–WHAT HAPPENS WHEN YOU CALL BOB?

Hold on to your hats, ladies and gentlemen. First I wish to express an abject apology to Robert. A. McDonald, our newest and potentially most intriguing of all VA Secretaries to date. I was cynical after over twenty years of … Continue reading

Posted in 38 CFR § 3.156(b), ASKNOD BOOK, BvA Decisions, BvA HCV decisions, C&P exams, CAvC HCV Ruling, CUE, DRO and BVA Hearings, Earlier Effective dates, Nexus Information, Porphyria Cutanea Tarda, Tips and Tricks, VA BACKLOG, vARO Decisions, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , | 10 Comments