Category Archives: Implicit denial

COVA–MYLER V. DERWINSKI–RETAINED SHELL FRAGMENTS

During the course of the last two years, most of you know we have been helping Butch Long in his quest for his medals and a truly compensable rating commensurate with his disability picture. It hasn’t been easy. Between the … Continue reading

Posted in 1154(b) combat presumptions, Implicit denial, KP Veterans, Medical News, VA Conspiracies, VA Medical Mysteries Explained, vARO Decisions, VARO Misfeasance, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , | 9 Comments

CAVC–PAZ V McDONALD–IMPLICITLY MAKING A FINDING

I love reversals. Where Meg Bartley is concerned, they are delicious and well-thought out. So, too, is this vignette of Mr. Santiago Paz and his incredible bad luck with VA. In my next incarnation I shall write a book for … Continue reading

Posted in CAVC Knowledge, Implicit denial, Informal Claims, Reductions in rating, VA Medical Mysteries Explained, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | 3 Comments

CAVC–BOND V McDONALD–IMPLICIT DENIAL REQUIREMENTS

I’ve been waiting for a good decision-not necessarily a precedential one- that illustrates the concept of implicit denial. Judge Kasold, not my favorite Judge at the CAVC, defends this concept in his affirmation of Mr. James E. Bond’s (no relation … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Implicit denial | Tagged , , , , , , , , , , , , , , , , | 6 Comments

CAVC-SHELTON V. SHINSEKI–THE GOSPEL ACCORDING TO ST. BARTLEY

I have crowed long and loud about Meg Bartley’s ascension to the CAVC throne with good cause. Her prior record working on the Veterans Benefits Manual ( Lexis Nexis VBM), as well as her staunch support of Veterans before the … Continue reading

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial, Informal Claims | Tagged , , , , , , , , , , , , , , | 2 Comments

CAVC–FRADKIN v. SHINSEKI–IMPLICIT DENIAL IS STILL A NO-NO

Meet Robert Fradkin. An  American eager to serve his country in 1967 and who ended up with bent brain syndrome. VA fought him tooth and nail over this from his discharge in 1971 right up to 2002 when they relented and … Continue reading

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial | Tagged , , , , , , , , , , , | 1 Comment