Category Archives: Implicit denial

CAVC–DeLISIO V SHINSEKI-THE DeLOREAN PARADOX

Posted on April 15, 2018 by asknod

I always roam around and look at classic cases like Larry DeLisio’s. It does no good to simply cite to it if you can’t remember old Larry’s particular DeeeeLemma. And boy howdy did Larry have a dilemma. When you throw … Continue reading →

Posted in Agent Orange, All about Veterans, AO, CAVC Knowledge, CAVC ruling, DM II, Earlier Effective dates, Implicit denial, Informal Claims, Inspirational Veterans, KP Veterans, Lawyering Up, VA Agents, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , | 5 Comments

COVA–MYLER V. DERWINSKI–RETAINED SHELL FRAGMENTS

Posted on January 1, 2016 by asknod

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

Posted on May 19, 2015 by asknod

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

Posted on April 8, 2015 by asknod

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 , , , , , , , , , , , , , , , , | 8 Comments

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

Posted on June 8, 2014 by asknod

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

Posted on February 20, 2014 by asknod

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 , , , , , , , , , , , | 4 Comments