Category Archives: Fed. Cir. & Supreme Ct.

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

FED. CIRCUS–TYRUES v. SHINSEKI– THAT’S ALL SHE WROTE

In Larry’s last episode, he was poised to make the leap, via the Henderson v. Shinseki Supreme Court decision, to overcoming the tolling of what can only be described as a bifurcated claim. Vets have one claim. One original claim. … Continue reading

Posted in Fed. Cir. & Supreme Ct., Veterans Law | Tagged , , , , , , , , , , , , , | Leave a comment

FED. CIRCUS–COMER v. PEAKE(MD)–VSOS ARE NOT LAW DOGS

“We also reject the government’s contention that the board had no duty to construe Comer’s appeal sympathetically because he had assistance from an aide from a veterans’ service organization.   Although we have held that the duty to construe a … Continue reading

Posted in Fed. Cir. & Supreme Ct., TDIU, Tips and Tricks | Tagged , , , , , , , , , | 3 Comments