Category Archives: Fed. Cir. & Supreme Ct.

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

Posted on October 30, 2013 by asknod

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

Posted on October 15, 2013 by asknod

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

Posted on October 8, 2013 by asknod

“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

FED. CIR.–MIDDLETON V. SHINSEKI-I’LL TAKE DM2 FOR 40, ALEX.

Posted on August 28, 2013 by asknod

A new look at an old friend. I’ve preached about the VA’s rating system on DM2 many a time. It is constructed in a rambling conjunctive “and”/  disjunctive “or”, progressive manner with each new add-on permitting a rise up the … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Tips and Tricks, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , | 5 Comments

PIRKL V. SHINSEKI–CUE COMPOUNDED WITH INTEREST

Posted on June 16, 2013 by asknod

CUE (Clear and Unmistakable Error) claims intrigue me and always have. They are an example of a rare win-usually much later after a failure to appeal. CUE is one of two ways to overturn a prior decision and rarely succeeds. … Continue reading →

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

FED. CIRCUIT– KYHN v. SHINSEKI–DO AS I SAY-NOT AS I DO

Posted on May 6, 2013 by asknod

Ever since the inception of the Court of Appeals for Veterans Claims ( CAVC-formerly the Court of Veterans Appeals or COVA), it has been an inviolate precept that the record is closed after a Board Of Veterans Appeals (BVA) decision. … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Uncategorized, Veterans Law | Tagged , , , , , , , , , , , | 2 Comments

FED. CIR.–PARKS v. SHINSEKI–MEDICAL CREDENTIALS

Posted on May 4, 2013 by asknod

The-heh, the-heh,the-that’s all, Arnold. Here’s a predictable decision that clearly enunciates why Vets should avoid LeagleBeagle4Vets.com representation. Arnold J. Parks and his not-so-adroit (non-attorney) legal representative from Disabled American Veterans went 3-o and lost at the VA and CAVC. His … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Presumption of Regularity, VSOs | Tagged , , , , , , , , , , , , , , | 3 Comments

FED. CIR– NOVA v. SHINSEKI–THE FEDS ARE FED UP

Posted on March 22, 2013 by asknod

Remember the good old days when there was no review  The BVA could simply speak and you would listen. That was the end of it and your options as well. After creation of the COVA, VASECs pretended nothing had changed and … Continue reading →

Posted in Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , | 3 Comments

BAND OF BROTHERS DAY

Posted on January 7, 2013 by asknod

I received this from member Frank this AM. It only seems fitting when we find out once again that the US Government and their lackeys, the Supreme Court, have decided that 18 Veterans’  suicides a day  is perfectly normal and an … Continue reading →

Posted in All about Veterans, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , | 5 Comments

SUPREMES TO HEAR BYRON CASE?

Posted on January 6, 2013 by asknod

Wouldn’t this be a kick in the butt? Member J.A. Vet sent this tidbit this afternoon about the CAVC’s propensity to get out the Pontius Pilate water and wash their hands of all decisions requiring an actual decision based on the facts … Continue reading →

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