Category Archives: Earlier Effective dates

CAVC–BERAUD V. McDONALD–BERAUD III-SISTER MEG’S PANEL OF ONE

Having received the bitchslap from the Federal Circus, Judge Lance and Coral Wong pulled the eject handle and left Sister Meg Bartley in the cockpit to handle this do over. And well they might as Sister Meg was the lone dissenter. … Continue reading →

Posted in 38 CFR § 3.156(b), Earlier Effective dates, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , , , , , , , , | 2 Comments

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–BIRTH OF A WRIT-ACT III SCENE 9-WELCOME TO THE HOTEL CALIFORNIA (AGAIN).

As some pointed out, going down for double can be a dicey enterprise. Splitting up the cards into two bets isn’t the best way to do it either.  It also appears this is Judge Davis’ way of saying get lost. … Continue reading →

Posted in ASKNOD BOOK, CAvC HCV Ruling, Earlier Effective dates, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Porphyria Cutanea Tarda, Presumption of Regularity, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–PHIL AND VICKI’S WIN UP AT THE BIG HOUSE

February and March have been fortuitous months for wins, apparently. I haven’t been on a roll of this magnitude in years. We began with Leigh’s win and Kelly’s was right on it’s heels. My Writ compounded it with interest and … Continue reading →

Posted in CAVC ruling, Earlier Effective dates, Medical News, Remanded claims, Tips and Tricks, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–BIRTH OF A WRIT- ACT III SCENE 8-DOWN FOR DOUBLE

A short while ago in VA time, when I won my claim in June 2008, I noticed they (VA) forgot to go back to 1994. That wasn’t a deal breaker. I knew they weren’t going to pony up without a good … Continue reading →

Posted in AO, BvA Decisions, C&P exams, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, Earlier Effective dates, Porphyria Cutanea Tarda, SMC, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , , | 15 Comments

CAVC–BIRTH OF A WRIT-ACT III SCENE 7–I’LL SEE YOUR ‘ME WORRY’ AND RAISE YOU 10

In a poker game, you don’t want to scare them off with a superior hand, but rather inveigle them to see you and raise yet again. We’re playing VA poker here so I want to convey the futility of further … Continue reading →

Posted in CAvC HCV Ruling, CAVC Knowledge, Earlier Effective dates, Extraordinary Writs of Mandamus, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , | 8 Comments

CAVC–WALKER V. MCDONALD–NOT THAT WALKER

Rarely do you see Judge Lance in this good form. Enjoy it. It’s rare. He can’t get past the middle of page three before tooting his own horn on the Kahana v. Shinseki (Lance, J. concurring) cite. Some egos are … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Earlier Effective dates | Tagged , , , , , , , , , , , , , | 1 Comment

BVA–PRESUMPTION THAT AMLEG VSO RECEIVED IT?

Once again, Johnny Vet finds himself on the wrong side of the fence. Having waited patiently for his SOC from which to file his Form 9, something has gone snafu. But wait. American Legion to the rescue, right? They also … Continue reading →

Posted in BvA HCV decisions, Earlier Effective dates, Proof of Mailing | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

VAROs–SQUANDERING SCARCE JUDICIAL RESOURCES

Often in the course of my claims and  appeals, I have run across the term above in conjunction with the term ” in the interests of judicial economy”. They are catchphrases either at the BVA kiddycourt or the august CAVC where … Continue reading →

Posted in Earlier Effective dates, SMC, Tips and Tricks, VARO Misfeasance | 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