Category Archives: Fed. Cir. & Supreme Ct.

FED CIRCUS-NOVA vs DENIS THE MENACE–POST HOC CREATION OF “GUIDANCE” FOR THE COURT

I get a big bang out of the rare occasions when the Federal Circuit (CAFC) really stretches their collective brain musculature and actually arrives at a decision that is meaningful for Veterans and not merely window dressing. And ones which … Continue reading

Posted in CAFC Rulings, Fed. Cir. & Supreme Ct., VA Secretaries, Veterans Law | Tagged , , , , , , , , , , | 2 Comments

MVA v. SECRETARY OF VETERANS AFFAIRS–ADVENTURES IN ADVOCACY

Boy howdy there’s nothing like waking up in the morning (on the left coast) and discovering an email from Chris Attig banging a gong and sounding the alarm. It’s not often we get to take the VASEC out behind the … Continue reading

Posted in Appeals Modernization Act, CAFC Rulings, Fed. Cir. & Supreme Ct., Tips and Tricks | Tagged , , , , , , , , , , , | 3 Comments

EXPOSED VET RADIO SHOW TONIGHT-7/1/2021

Greetings fellow VA campers. I guess I forgot to write this one down when Jerrel called on Sunday. I was immersed in the pool without a pen and paper. Amazingly, our latest heatwave hit 104 that day and 108 Monday. … Continue reading

Posted in Equitable Estoppel, Exposed Veteran Radio Show, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , , | 9 Comments

BEGINNERS’ LAW

I keep getting really basic questions about law now from Vets who are filing Extraordinary Writs up at the Court or “CAV-ICK” (CAVC) as Chairman of the Board of Appeals pronounced it yesterday at the Spring NOVA conference. I liked … Continue reading

Posted in Appeals Modernization Act, Electronic Filing of Evidence, Extraordinary Writs of Mandamus, Fed. Cir. & Supreme Ct., Introduction-Read these first, Lawyering Up, Tips and Tricks, VA Agents, VA Secretaries, Veterans Law | Tagged , , , , , , , , , , | 6 Comments

CAFC-HUDICK V. WILKIE–THEY ARE ONE PERSON

 I took my first AO-in-Thailand case last month. Welcome aboard the U.S.S. Asknod, Ray. I guess we all gravitate back mentally to the place we served when we were over there. Even though I was in many places, both west … Continue reading

Posted in Agent Orange, All about Veterans, BvA Decisions, CAFC Rulings, CAVC Knowledge, CAVC ruling, Fed. Cir. & Supreme Ct., KP Veterans, Lawyering Up, Lay testimony, M-21 info, Thailand AO presumptive path, Tips and Tricks, VA Agents, Veterans Law | Tagged , , , , , , , , , , , | 3 Comments

FED. CIR.–CARTER v McDONALD–SURPRISE SURPRISE SURPRISE SGT. CARTER!

It is said sarcasm is hard to detect in internet postings. So hard, in fact, that over 60% of it goes right over the head of the intended recipients. How sad. Sarcasm is my forte. It’s my raison d’etre in … Continue reading

Posted in CAVC Knowledge, Equitable tolling, Fed. Cir. & Supreme Ct., Lawyering Up, VA Attorneys | Tagged , , , , , , , , , , , , , , , | 1 Comment

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

FED. CIR.–O’BRYAN V McDONALD- HOIST ON THEIR OWN VAOPGCPREC’S

Here’s a great decision by  those funny guys up at the Fed. Circus. Prost, Clevenger and Dyk (what a moniker!) got together for cocktails and one said “Hey, let’s take a page from Asknod and get on that Presumption of Everything … Continue reading

Posted in Fed. Cir. & Supreme Ct., Presumption of Regularity, Tips and Tricks | Tagged , , , , , , , , , , , , , , , | 2 Comments

FED. CIR.–JOHNSON V. McDONALD-DISMEMBERING VA’S EXTRASCHEDULAR RATINGS SCAM

For scores of years, and certainly for as long as the post-1988 modern iteration of the VA as we now know it,  some interpretations of the VA’s regulations have been granted ‘deference’ if I can convey that politely and sarcastically simultaneously. … Continue reading

Posted in Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , , , , , | 4 Comments

FED. CIR.- GEIB v. SHINSEKI–YOU’RE GOOD TO GO, EDDIE

So many of you come to me and pose questions about Hepatitis C that we often overlook other subjects. I have recently been helping a relative in his final assault on Mt. TDIU. The ascent is always gradual with a … Continue reading

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