Category Archives: CUE

VASEC–WHAT HAPPENS WHEN YOU CALL BOB?

Posted on October 3, 2014 by asknod

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

Posted on June 26, 2014 by asknod

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

Posted on May 2, 2014 by asknod

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

Posted on February 13, 2014 by asknod

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

POST-IT NOTES FOR HADIT.COM SHOW

Posted on January 8, 2014 by asknod

Today we are going to make radio history. I’ve kept my identity anonymous for  six long years in an attempt to protect my claims from “shrinkage.” I won on November 21 officially as most know. There is no more need … Continue reading →

Posted in BvA Decisions, CUE, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , | 8 Comments

PIRKL V. SHINSEKI–CUE COMPOUNDED WITH INTEREST

Posted on June 16, 2013 by asknod

CUE (Clear and Unmistakable Error) claims intrigue me and always have. They are an example of a rare win-usually much later after a failure to appeal. CUE is one of two ways to overturn a prior decision and rarely succeeds. … Continue reading →

Posted in CUE, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , | 1 Comment

RANDY-5, VA-0 FOR CUE

Posted on April 5, 2013 by asknod

We do not advocate using CUE as a legal means to attain the proper rating but apparently that hasn’t stopped some of you from doing so. More than a year ago now, WGM used it to overturn the Whacko, Texas … Continue reading →

Posted in CUE, vARO Decisions | Tagged , , , , , , , , , , , , , , , , , , | 7 Comments

CAVC SERIES–GILBERT’S LASTING LEGACY

Posted on January 18, 2013 by asknod

When we survey our Veterans fiefdom for judicial uniqueness, we notice that in spite of what is described as a Veteran-friendly environment, we often manage to end up on the wrong side of it. 85% of you, to be exact. … Continue reading →

Posted in CAVC Knowledge, CUE, Veterans Law | Tagged , , , , , , , | 2 Comments

BVA– LEROY MACKLEM’S OTHER BROTHER DARYL

Posted on January 17, 2013 by asknod

FROM THE MONTGOMERY WARD CATALOGUE RO IN ALABAMA Here’s one that will take a while to be docketed at the Court. VA will play “Fish on! for a few years. The most common modus operandi is to stick your appeal … Continue reading →

Posted in CUE, TDIU, Veterans Law | Tagged , , , , , , , , , , , | 2 Comments

BVA– CUE BY ST. PETE”S RO (4th TIME)

Posted on October 6, 2012 by asknod

You get that warm, fuzzy, content feeling about your Regional Office when they keep committing CUE and the Board keeps remanding it via the 59th RO (AMC or Appeals Management Center). Its now 2012 and they’ve been playing pingpong with it since … Continue reading →

Posted in BvA HCV decisions, CUE | Tagged , , , , , , , , , , , , , , | 1 Comment