Category Archives: Important CAVC/COVA Ruling

COVA–MANIO v DERWINSKI–DOCTRINE OF LACHES

Posted on February 21, 2012 by asknod

Veterans have a misconception about our laws. Most I have talked to think our only difference to civil courts is the benefit of the doubt doctrine. There are many other rights and one of the earliest argued was the right of … Continue reading →

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COVA–LAYNO V. BROWN– DON’T TRY TO LAYNO BOOGIE-WOOGIE ON THE COVA

Posted on February 13, 2012 by asknod

As a PS at the beginning(Prescript?), I wish to point out that Mary Lou Keener, future bride of Herschel Gober (soon to be acting  VASEC) was the lead attorney on this.  Nepotism is alive and well in America. http://en.wikipedia.org/wiki/United_States_Secretary_of_Veterans_Affairs I … Continue reading →

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COVA–SCHAFRATH v. DERWINSKI–ALLEY OOP

Posted on February 12, 2012 by asknod

I’m sure few of you know who Alley Oop was.  He was a fixture on Sunday morning in the funny papers. I suppose they’re called cartoons now. The parallel I draw here is not about cave men per se. It’s … Continue reading →

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COVA– CALUZA V. BROWN–TOTAL RECALL

Posted on February 9, 2012 by asknod

One of the hallmarks of a famous case from the early days of the CAVC (then the COVA) is name familiarity. When I first started researching why I lost in 1994, I looked first to the VA and there found … Continue reading →

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CAVC–WISNIEWSKI v. SHINSEKI–PRESCRIPTION BED REST

Posted on February 7, 2012 by asknod

Here’s something interesting. I found it in a decision that has nothing to do with hep. What it does include is an interesting notation. This is a single judge decision so there is no precedent attached but none is needed. … Continue reading →

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

DUE PROCESS FOR VETS–WHAT IT IS AND WHAT IT ISN’T

Posted on February 5, 2012 by asknod

Ever since I published the Cushman decision, I have been inundated in “what ifs” from Veterans. As in “What if they didn’t grant the hearing I asked for-is that deprivation of due process?” etc. Allow me to take a CAVC … Continue reading →

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Fed. Cir.–CUSHMAN v. SHINSEKI–DUE PROCESS

Posted on February 3, 2012 by asknod

There has been much talk about what constitutes “due process” and a lot of it has been misleading. While perusing another Vet’s site, I noticed a long diatribe about what was reputed to not be due process and Cushman was … Continue reading →

Posted in CUE, Fed. Cir. & Supreme Ct., From the footlocker, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , | 2 Comments

CAVC– KATH v. SHINSEKI–NO RETROSPECTIVE EXAMS

Posted on January 29, 2012 by asknod

Richard P. Kath filed for hep in 1978. As with most of us, he didn’t know the program and received a denial slip. He didn’t appeal, but it appears he refiled in 1980. He got the same treatment  from what … Continue reading →

Posted in BvA HCV decisions, C&P exams, CAvC HCV Ruling, Earlier Effective dates, Important CAVC/COVA Ruling, Remanded claims, VA Medical Mysteries Explained, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

ROBERTS V. SHINSEKI–A MISCARRIAGE OF JUSTICE?

Posted on January 18, 2012 by asknod

I was recently contacted by Mr. Roberts’ counsel who defended him in the actions that resulted in his loss of service connection of all his claims as well as incarceration. You may or may not have read my original write … Continue reading →

Posted in Complaints Department, Fed. Cir. & Supreme Ct., General Messages, Important CAVC/COVA Ruling, Tips and Tricks | Tagged , , , , , , | 2 Comments

Fed. Cir.–SHINSEKI v MACKLEM– PART 2

Posted on January 11, 2012 by asknod

And here we thought old Leroy was going to collect Monty’s cookie jar behind door #3. Not! The VA decided this was simply too big a cookie jar and filed to prevent his judgement from being enforced. Here’s the audio … Continue reading →

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