Category Archives: Important CAVC/COVA Ruling

THE UNABRIDGED HISTORY OF THE VA– PARTS I AND II

Got these in the inbox from a fellow VA Agent who has devoted an extraordinary amount of time and research into investigating the feasibility of developing a neuveaux theory about the possibility discussed in NOVA v McDonaugh over the admissibility … Continue reading

Posted in Equitable tolling, Food for thought, Important CAVC/COVA Ruling, research, VA Agents, Veterans Law | Tagged , , , , , , , , , , , | 1 Comment

Is VA spitting in the faces of CAVC Judges and Veterans with this Proposed Rule?: Definition for Aggravation (09/11/2020)

On February 1, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) heard a consolidated appeal, Ward (No. 16-2157), Neal NO. 17-1204 v. Wilkie, and decided it on Jun 14, 2019. DAVIS, Chief Judge: Both cases in this consolidated … Continue reading

Posted in All about Veterans, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Food for thought, Future Veterans, General Messages, Guest authors, Important CAVC/COVA Ruling, M-21 info, research, Uncategorized, VA Secretaries | Leave a comment

VA–WAIT A MINUTE MR. POSTMAN!

When I sat down for my first VA poker game, I was using a trusted mailman- a VSO. Well, trusted insofar as I had a pretty good chance of it getting there. Likewise, being fairly naive about all this in … Continue reading

Posted in Equitable tolling, Humor, Important CAVC/COVA Ruling, KP Veterans, Legacy Claims, Presumption of Regularity, Proof of Mailing, SOCs and SSOCs, Tips and Tricks, VA Agents, VA Attorneys, VBMS | Tagged , , , , , , , , , , , , | 5 Comments

VA ER care: Staab vs Shulkin. April 8, 2016 is the important date

The Secretary now has an inkling of what it feels like to have a bucket of  excrément  thrown at him by the VA.  I’ve read the VAOIG’s completely one-sided overblown gossipy report (LINK), and his lawyers worthy rebuttal.  Nevertheless, his Chief … Continue reading

Posted in All about Veterans, CAVC/COVA Decision, Complaints Department, Food for thought, Future Veterans, General Messages, Guest authors, Important CAVC/COVA Ruling, non-va care, OIG Entertainment, Uncategorized, VA Attorneys, VA Health Care, vA news | Tagged , , | 2 Comments

Tick tock

In 2016, Gulf-era veterans passed Vietnam-era veterans (and Korean/WWII) in the general population. Click the thumbnail below to see a big readable copy of the graphic below. CAVC “wins” older veterans accomplish, pro se or with help, will eventually spare many … Continue reading

Posted in All about Veterans, C&P exams, CAVC Knowledge, CAVC ruling, Food for thought, Future Veterans, General Messages, Guest authors, Important CAVC/COVA Ruling, Lawyering Up, VA Secretaries, VA statistics | Tagged , , | 10 Comments

VA Emergency Care good news: Staab v Sec. Shulkin

Thanks to Frank’s helpful eyeballs, I have some good news to report about the veteran emergency care benefit that has been withheld since 2010. Sec. Shulkin has had a change of heart.  Last week he held that the Staab case … Continue reading

Posted in All about Veterans, CAVC Knowledge, CAVC ruling, General Messages, Guest authors, Important CAVC/COVA Ruling, Inspirational Veterans, Lawyering Up, non-va care, Uncategorized, VA BACKLOG, VA Secretaries | Tagged , , , , | 2 Comments

CAVC–PERCY V SHINSEKI (2009) — WHO OWNS IT?

I have an unusual case of a gentleman who filed to stop a reduction in his rating. At the same time, he had a newly denied claim at the Seattle RO. The gentleman filed his NOD and the presumption of … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Important CAVC/COVA Ruling, KP Veterans, Nexus Information, Remanded claims, Tips and Tricks | Tagged , , , , , , , , , , , , | 6 Comments

VA rats fighting emergency care CAVC ruling: Richard W. Staab v. Robert A. McDonald

The financial shocks that VHA-enrolled veterans face when they find out that none of their emergency care claims will be covered, if they have Medicare or private insurance, is of no ethical concern to the VA.  The National Veterans Legal Services … Continue reading

Posted in All about Veterans, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Complaints Department, Food for thought, Important CAVC/COVA Ruling, Lawyering Up, Military Madness, research, Uncategorized, VA Attorneys, VA BACKLOG, vA news | Tagged , , , | 2 Comments

CAVC–CHISHOLM V McDONALD- I HEAR YOU KNOCKIN’ BUT YOU CAN’T COME IN

In a bold strike, with an Extraordinary Writ, no less, Robert Chisholm and his Merry Band in Sherwood Forest, Rhode Island have won a dandy victory for all of us at the National Organization of Veterans Attorneys (NOVA). We all … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus, Important CAVC/COVA Ruling, KP Veterans, VA Agents, VA Attorneys, vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

Important new CAVC ruling on emergency reimbursements 38 U.S.C. § 1725

My old Marine recently received emergency treatment (LINK) at a non-VA hospital.  He is enrolled in Medicare and VA health care. We want to know who is legally obligated to pay what portion of the bills when they start rolling in … Continue reading

Posted in BvA Decisions, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Complaints Department, Food for thought, Guest authors, Important CAVC/COVA Ruling, Lawyering Up, non-va care, Remanded claims, Uncategorized, vA news | Tagged , , | 3 Comments