Category Archives: Important CAVC/COVA Ruling

CAVC–FILING FOR A PANEL ON EX WRIT EAJA FEES

Posted on March 2, 2016 by asknod

Today, in frustration, I filed for my EAJA fees on my Extraordinary Writ of Mandamus again by asking to go around Judge “Denied!” Davis. Realizing you cannot teach the fine points of law to a biased mentality, and seeking to … Continue reading →

Posted in CAVC ruling, EAJA, Extraordinary Writs of Mandamus, Important CAVC/COVA Ruling, KP Veterans, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–MITCHELL v McDONALD–THE NEVER-ENDING BERAUD REDUX

Posted on November 23, 2015 by asknod

Ever since the Bond v. Shinseki dustup that had to travel to the Fed. Circus for clarification, we see the VA’s continued intransigence toward the concept of new evidence submitted in that golden window either with the NOD or within the … Continue reading →

Posted in 38 CFR § 3.156(b), CAVC ruling, Important CAVC/COVA Ruling | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–LOUDERBACK vs McDONALD-BACK TO THE BERMUDA TRIANGLE

Posted on July 19, 2015 by asknod

Imagine. Another reversal from Brother Greenberg up at the Big House at 625 Native Americana Ave, NW. This one, while a single judge memorandum, is still valuable and very notable for several reasons we will see. Most importantly, it points … Continue reading →

Posted in BvA Decisions, CAVC ruling, CUE, Important CAVC/COVA Ruling, KP Veterans, Nexus Information | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–SAVAGE V McDONALD–SISTER CORAL’S BEATIFICATION

Posted on June 17, 2015 by asknod

We’ve been watching for a long time to see which way our esteemed new CAVC Judge, Coral Wong Pietsch, would tilt.  New judges anywhere in a panel or en banc Court environment tend to rule vaguely and somewhat neutrally, all … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Important CAVC/COVA Ruling, Nexus Information, Presumption of Soundness, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

CAVC–PEOPLES V. SHINSEKI–“DEXEDRINE? SORRY, WE DON’T SEE IT”

Posted on March 4, 2014 by asknod

Once again we venture into reversal land at the CAVC. This is my pet subject. It allows us to minutely examine BVA jurisprudence and see where they saddled up the horse called Illogical and rode out onto the fruited plain … Continue reading →

Posted in C-Files and RBAs, CAVC ruling, Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , , , , , , , , , , | Leave a comment

CAVC–TYRUES v SHINSEKI- PART TROIS?

Posted on August 28, 2012 by asknod

Welcome to Larry’s ping pong game. Larry’s been playing this one since 1998. He lost here back in 2009 and took it upstairs to the FED Circus. They piddled around with it and got into a big diatribe about the Henderson concept of … Continue reading →

Posted in CAVC/COVA Decision, Fed. Cir. & Supreme Ct., Important CAVC/COVA Ruling | Tagged , , , , , , , | Leave a comment

CAVC–CLINE v SHINSEKI–3.156(c)(2)–WELL,NOT EXACTLY

Posted on August 17, 2012 by asknod

Have you ever been suckered into buying or selling something where you read all the fine print, filled out all the forms and jumped through the hoops? When you were finished, did you then find the “not exactly” clause? Or … Continue reading →

Posted in Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , , , , , | 2 Comments

Fed. Cir.–Morris v. Shinseki–Psychiatric vs. Personality disorders

Posted on May 17, 2012 by asknod

Here’s one that’s probably never going to be available on Kindle. Mr. Jack D.  Morris entered service July 31, 1964 and exited 2 months and 6 days later. Not exactly what you would call a commitment.  Don’t confuse this with the other … Continue reading →

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

FED.CIR.–CADORET V. SHINSEKI–11 DAYS= SCHIZOPHRENIA

Posted on May 10, 2012 by asknod

I know there are many of you who will eventually file claims with the vA who are reading this. I always ask Vets I help to do the mirror test. That is, look in the mirror and tell yourself that … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Frivolous Filings, Important CAVC/COVA Ruling, VA BACKLOG, Veterans Law | Tagged , , , , , | 1 Comment

WRITS OF MANDAMUS–USEFUL?

Posted on May 8, 2012 by asknod

Several times in the past year I have been queried about using a writ for extraordinary relief. The CAVC has this power and exercises it infrequently, preferring to see the VA  somehow muddle through at their snail’s pace. This is no panacea to Vets who have … Continue reading →

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , , | 2 Comments