Category Archives: Important CAVC/COVA Ruling

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, Call Bob, 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

CAVC–FILING FOR A PANEL ON EX WRIT EAJA FEES

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

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

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

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”

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?

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