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 , , , , , , , , , , , , , , , | 3 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 , , , , , , , , , , , , , , , , , , , , | 4 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

CAVC–MOYE V. SHINSEKI-THE PRESUMPTION ACCORDING TO ST. BAGBY

My eye, as most know, is drawn to Court reversals as they offer the most cutting -edge jurisprudence and the best read for the money. Leroy Macklem is a recent, classic example of this and Mr. Moye’s win will be … Continue reading

Posted in CAVC ruling, CUE, Presumption of Regularity | Tagged , , , , , , , , , , , , , , | 2 Comments

CUE–THE QUINTESSENTIAL ELEMENTS

Clear and Unmistakable Error, or CUE, is one of the most misunderstood, misconstrued, miscombobulated legal concepts for Veterans to absorb. The idea of reaching back into the past to right a wrong is a wonderful thing we enjoy. As long … Continue reading

Posted in CUE, Nexus Information, Porphyria Cutanea Tarda | Tagged , , , , , , , , , , | 53 Comments

CAVC–MEKUS V. SHINSEKI–IDLE HANDS ARE THE DEVIL’S WORKSHOP

Given that there’s a backlog that would reach from Seattle to Honolulu if all the Vets lined up, you would wonder how on earth anyone would have to time to pick and dig and come up with this idiotic CUE. … Continue reading

Posted in CAVC Knowledge, CAVC ruling, CUE | Tagged , , , , , , , , , , , , , , | Leave a comment