Category Archives: CUE

Fed. Cir.–CUSHMAN v. SHINSEKI–DUE PROCESS

Posted on February 3, 2012 by asknod

There has been much talk about what constitutes “due process” and a lot of it has been misleading. While perusing another Vet’s site, I noticed a long diatribe about what was reputed to not be due process and Cushman was … Continue reading →

Posted in CUE, Fed. Cir. & Supreme Ct., From the footlocker, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , | 2 Comments

BVA– WHEN CUE ISN’T

Posted on January 21, 2012 by asknod

From the Biggest little RO in the World (Reno) comes this little gem. Yes, it comes down from DC, granted, but it originated in the fertile minds of those funny guys in the back Room in Reno. Johnny Law was … Continue reading →

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

CUE–FAILURE IN DUTY TO ASSIST

Posted on January 15, 2012 by asknod

In 1994, the Court came to a very tortured decision that has disenfranchised Vets ever since. I refer to the holding in Caffrey v. Derwinski. This was hard on the heels of the Russell decision of 1992 that brought us … Continue reading →

Posted in BvA Decisions, CUE, Tips and Tricks, Uncategorized | Tagged , , , , | 1 Comment

The Power Of One–WGM’S SAGA

Posted on September 30, 2011 by asknod

Early mathematicians were extremely enamored of the number One. After mastering the simple concept of addition, they branched out into the concept of Algebra and its cousins. Multiplication and division yielded an abnormal result though. One could not be increased via … Continue reading →

Posted in CUE, General Messages, Nexus Information, Tips and Tricks, vARO Decisions, Veterans Law | Tagged , , , , | Leave a comment

COVA- Caffrey v. Brown–Duty to Assist?

Posted on September 28, 2011 by asknod

When filing for Clear and Unmistakable Error (CUE), one case seems to get a lot of attention where failure in the duty to assist is claimed.  This is understandable because, like a cattle drive, VA counsel will push the Veteran … Continue reading →

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

CAVC–Melancon v. Shinseki (2011)– Dude, they dissed me in 91

Posted on September 27, 2011 by asknod

Even though we cannot use single judge decisions from the Court for precedence, we find them extremely informational for what they contain. They are useful for Vets who choose to defend themselves as the following Vet did. This is called pro … Continue reading →

Posted in CAvC HCV Ruling, CUE, Interferon claims | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–Hillyard v. Shinseki- CUE it again, Sam

Posted on September 27, 2011 by asknod

Even though this decision goes against the Vet, one can hardly fault the Court or the VASEC for their logic. Joseph C. Hillyard, a peacetime Veteran, suffered a head injury that caused him some mental problems. He filed claims for … Continue reading →

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

COVA–Bentley–The First CUE Case

Posted on September 27, 2011 by asknod

We have discussed CUE (Clear and Unmistakable Error) many times but few Vets know how and why it exists. It is another one of those blessings bestowed on us by a grateful nation for our service. Just as we are … Continue reading →

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

CAVC– Bouton v. Peake (2008) Re: CUE

Posted on September 27, 2011 by asknod

    Here’s a decision that illustrates how CUE works. Keeping in mind that there are three ingredients needed to produce CUE, and that a manifestly different outcome would have ensued, read about Mr. John P. Bouton’s travails with VA … Continue reading →

Posted in CUE, Important CAVC/COVA Ruling | Tagged , , | 1 Comment

CAVC– Macklem v. Shinseki– Leroy Macklem, Come on down!

Posted on September 27, 2011 by asknod

Imagine having a horrible legal argument, losing it before the CAVC and still winning all the marbles. I mean ALL the marbles.That’s what we have here. Mr. Leroy Macklem doesn’t have a legal leg to stand on in his CUE … Continue reading →

Posted in CUE, Important CAVC/COVA Ruling | Tagged , , | 2 Comments