Category Archives: Fed. Cir. & Supreme Ct.

Fed. Cir.–SHINSEKI v MACKLEM– PART 2

Posted on January 11, 2012 by asknod

And here we thought old Leroy was going to collect Monty’s cookie jar behind door #3. Not! The VA decided this was simply too big a cookie jar and filed to prevent his judgement from being enforced. Here’s the audio … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Important CAVC/COVA Ruling | Tagged , , , | 2 Comments

VCS v. VASEC– 9th Fed. Cir. VIDEO

Posted on December 23, 2011 by asknod

If you have a spare hour, this is a good watch. It will open your eyes on how deeply the VA is in denial. Denial of their backlog problems. Denial of our claims. Denial that they even have any problems! … Continue reading →

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9TH CIR.–VCS v. PEAKE et al

Posted on December 15, 2011 by asknod

For he who shall have borne the battle, his widow and his orphan child. Abraham Lincoln- from his Gettysburg Address As to whether the Court has jurisdiction to institute remedial actions to compel the VA to do their job:  “I don’t … Continue reading →

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FED.CIR.–Purple Heart v. VASEC (2009)

Posted on December 6, 2011 by asknod

Last year I did an interesting writeup about Macklem v. Shinseki (Leroy Macklem, come on down!). What I didn’t do was give a complete rationale for why the CAVC ruled the way it did. I simply mentioned the rescission on appeal of … Continue reading →

Posted in Fed. Cir. & Supreme Ct., From the footlocker, Important CAVC/COVA Ruling, Tips and Tricks | Tagged , , , , | Leave a comment

Karnas v Kuzma(re DC 7354)

Posted on December 2, 2011 by asknod

Something dramatic happened in 2003 that affects all Veterans who applied for Hep. before July 2, 2001. I speak of the effect of the VCAA enacted that year. It changed the way we are remunerated for hep inasmuch as some … Continue reading →

Posted in Fed. Cir. & Supreme Ct., General Messages, Important CAVC/COVA Ruling | Tagged , , , , | 2 Comments

9th FED. CIRCUS TO DO EN BANC ON VCS V. SHINSEKI

Posted on November 18, 2011 by asknod

Back in May, I wrote about this seminal decision  VCS v. Shinseki wondering how long it would be before a) this was granted en banc reconsideration or b) it was appealed up to the Supremes. Yesterday the 9th Fed. Cir. … Continue reading →

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Fed. Cir.–Hampton V. Shinseki (audio)

Posted on November 13, 2011 by asknod

Mr. Kenster the Carpenter seems to live in the Fed. Cir. now. Here we have him hard at work in Mr. Jerome Hampton’s defense. Ken should feel right at home in this case because it’s just a continuation of sorts … Continue reading →

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FED. CIR–HAMER V. SHINSEKI (he’s baaack!)

Posted on November 8, 2011 by asknod

It’s always interesting to follow the progress (or nonprogress) of a claim as it wends its way up the legal ladder. As the BVA is rather secretive and does not divulge the name, rank, airspeed and tail number of the … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Important CAVC/COVA Ruling, vARO Decisions | Tagged | 7 Comments

Fed. Cir.–Bond v. Shinseki 2011

Posted on October 8, 2011 by asknod

Obtaining justice for Vets or watching others do the same is what keeps me alive. There are several lawyers who are unarguably adept at this. Two from Kansas of all places, are the masters of the VA judicial universe. I refer … Continue reading →

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Fed. Cir. –Groves v. Peake—2008– Our Holy Grail

Posted on September 28, 2011 by asknod

This is a wonderful case of what we call “precedence”. This is the Holy Grail of Court Rulings for Hepatitis C sufferers. In order to understand this in the context of our continuing battle, substitute the phrase “Paranoid schizophrenia” from … Continue reading →

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