Category Archives: CUE

BVA–ASKNOD GOES TO DC AND LOSES!

Posted on October 5, 2012 by asknod

Yep. Here I am. I thought I hit this one out of the park.  What was I thinking? Apparently they do not allow new evidence to be submitted during the appeal. If they do then they owe me some serious … Continue reading →

Posted in ASKNOD BOOK, BvA Decisions, CUE | Tagged , , , , , , , , , , , , , , | 4 Comments

COVA–FUGO V. BROWN–SHOW ME THE CUE

Posted on September 7, 2012 by asknod

I should have written this one up several years ago and for that I apologize. Fugo is an interesting case where the Vet attempts to raise CUE but isn’t quite sure what he’s up to. In his bumbling efforts, he compounds his … Continue reading →

Posted in CAVC/COVA Decision, CUE, Veterans Law | Tagged , , , , , , , , , , , , | Leave a comment

CUE AT THE CAVC-YOU HAVE THE RIGHT TO REMAIN STUPID

Posted on September 6, 2012 by asknod

Presenting a CUE claim to the RO should not have to be as dramatic as Martin Luther nailing his 95 Theses to the front door of the Church in Wittenberg. However, when pursuing a claim of this magnitude, a Vet … Continue reading →

Posted in CAVC/COVA Decision, CUE, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , | Leave a comment

CUE–AND MORE CUE

Posted on September 3, 2012 by asknod

As I’m in the middle of a CUE decision that will be argued at the Court, I have been studying the concept of what is, what isn’t, whether it can be argued, whether I’m precluded by Caffrey, Fugo, and Russell … Continue reading →

Posted in CUE, Veterans Law | Tagged , , , , , , , , | 1 Comment

CUE– A “RARE” ERROR?

Posted on August 25, 2012 by asknod

Every time we read about CUE, we are led to understand that it hardly ever happens. If it did, then it was an aberration and one that any rater might have made given the circumstances. In short, it’s so rare that it … Continue reading →

Posted in BvA and VARO CUE DECISIONS, CUE, NEW BOOK | Tagged , , , , , , , , | Leave a comment

VA’S DUTY TO ASSIST IN A C&P

Posted on August 12, 2012 by asknod

New Member WYN-WYN poses an interesting question. She had the unfortunate luck to be discharged in 1979 due to injuries sustained in the service. Her Medical Evaluation Board (MEB) assigned her a 10% rating for both knees and diagnosed other … Continue reading →

Posted in CUE, vARO Decisions | Tagged , , , , , , , | 1 Comment

CAVC–SELLERS v. SHINSEKI–MACKLEM II

Posted on June 28, 2012 by asknod

This may be the best decision you’ll read in 2012. It’s a daisy. It just makes me giggle every time I go back over the analysis. It will remind you of Leroy Macklem’s high adventures in CUE land. What’s more, … Continue reading →

Posted in CAVC/COVA Decision, CUE, Veterans Law | Tagged , , , , , , , | 1 Comment

CUE and More CUE

Posted on May 18, 2012 by asknod

My son was home recently and allowed me to stroll through his access port to WestLaw. This is a legal site one subscribes to. Access is limited to those who pay. As he is a law student, he is given … Continue reading →

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

COVA–ARCHBOLD v WEST–WHEN A F-9= A NOD

Posted on May 3, 2012 by asknod

Imagine getting screwed by VA in 1953, filing for increase in 1990, and during the course of the claim for increase, discovering you should have had the rating all along. Poor Mr. Emerson E. Archbold. What tangled webs the vA … Continue reading →

Posted in CUE, Important CAVC/COVA Ruling, Uncategorized, Veterans Law | Tagged , , , , , , | Leave a comment

VA’s WHEEL OF FORTUNE

Posted on March 10, 2012 by asknod

I logged on to Ebenefits last night to look for progress on my appeal. Lo and behold, someone has been busy. The date of current progress has jumped from January 25th, 2012 to the current one below showing they were … Continue reading →

Posted in All about Veterans, BvA and VARO CUE DECISIONS, BvA HCV decisions, CUE | Tagged , , , , , , | 1 Comment