Category Archives: Important CAVC/COVA Ruling

COVA–ARCHBOLD v WEST–WHEN A F-9= A NOD

Posted on May 3, 2012 by asknod

Imagine getting screwed by VA in 1953, filing for increase in 1990, and during the course of the claim for increase, discovering you should have had the rating all along. Poor Mr. Emerson E. Archbold. What tangled webs the vA … Continue reading →

Posted in CUE, Important CAVC/COVA Ruling, Uncategorized, Veterans Law | Tagged , , , , , , | Leave a comment

COVA– EF v. DERWINSKI–HOW ABOUT A C&P?

Posted on May 3, 2012 by asknod

Few cases are heard where a Veteran wants to retain his or her anonymity. I have  seen only two before the CAVC/COVA that were precedental. Here, I can understand the desire for not publicizing the name. Our Vet had genital … Continue reading →

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BVA–Shoenweiss v Shinseki (2011)

Posted on April 2, 2012 by asknod

This is one of those rare cases where you can see the CAVC ruling that started this ball rolling back to Dollar Drive for a judicial “adjustment”. We see many decisions headed up the ladder, but rarely see them descend … Continue reading →

Posted in BvA Decisions, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , , | 4 Comments

COVA– FUGERE v. DERWINSKI–M-21 SHENANIGANS

Posted on March 16, 2012 by asknod

Oscar Fugere is not a name that rolls off the tongue gently. Regardless of that, his case represents a classic example of VA’s proclivity to take away with the left hand that which they so graciously presented to us with … Continue reading →

Posted in Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , | 5 Comments

COVA– JOLLEY v. DERWINSKI–DUE PROCESS

Posted on March 11, 2012 by asknod

Jolley v. Derwinski is one of the early COVA decisions where the Court was appalled to find out the vicarious manner in which the VA treated its Veterans. This may have come as a surprise to the newly constituted Court, … Continue reading →

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JOINT MOTIONS FOR REMAND–WHAT ARE THEY?

Posted on March 9, 2012 by asknod

On the offbeat chance you have to fight your way up to the CAVC for justice, you will probably be offered the JMR by the VASEC’s henchmen. Judging by their track record, this appears to be the most likely scenario. … Continue reading →

Posted in All about Veterans, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , | 1 Comment

68% Of Americans With HCV Are VETS?–HUH?

Posted on March 6, 2012 by asknod

Member Loyal points out some interesting percentages in my last post : I dispute the logic here: “Dr. Stevens estimated the current in-service occurrence of hepatitis C at approximately 10%”; Since this Veteran has a current diagnosis of Hep C, … Continue reading →

Posted in All about Veterans, CAvC HCV Ruling, HCV Health, Important CAVC/COVA Ruling, Nexus Information, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , | 2 Comments

SCOTUS–HENDERSON v. SHINSEKI–EQUITABLE TOLLING

Posted on February 28, 2012 by asknod

I’m sure you’ve probably heard of  David L. Henderson’s legendary fight spanning more than a decade and 5 VA Sectretaries by now. Most Vets have. This is the stuff that good campfire stories are made of. Allow me to take … Continue reading →

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

COVA–ERSPAMER v. DERWINSKI–WRIT OF MANDAMUS

Posted on February 26, 2012 by asknod

What is a Writ of Mandamus? Why is it only available at the Court of Veterans Appeals? So many questions about an arcane legal term come to mind. Let’ look at this item and figure out how it fits into … Continue reading →

Posted in Extraordinary Writs of Mandamus, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , | Leave a comment

COVA–LAZANO v.DERWINSKI–ESTOPPEL

Posted on February 21, 2012 by asknod

What is estoppel? It’s another one of those crazy words the Courts use to confuse all but the initiated. Let’s turn it into DickandJanespeak.  Estoppel. See? That was easy. What we have left is “stop” as in “They told me … Continue reading →

Posted in Important CAVC/COVA Ruling, Introduction-Read these first, Veterans Law | Tagged , , , , , | 2 Comments