Category Archives: Important CAVC/COVA Ruling

CAVC– Greer v. Shinseki– Defective IME/Lay Testimony Not Credible

Posted on January 8, 2012 by asknod

Over the years, the VA and the BVA have become more adroit in their handling of denials where HCV is concerned. Hepatitis comes in many different forms and is not always as simple as it seems. This case is a … Continue reading →

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CAVC–Quattlebaum v. Shinseki

Posted on January 6, 2012 by asknod

Once again, the illustrious Kenneth “the wood butcher”  Carpenter sharpens his  legal skillsaw blade and gives the VASEC a much-needed haircut and manicure. This one is particularly bloody in that it results in a reversal rather than a namby pamby, … Continue reading →

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CAVC–Reinhart v. Shinseki–IFN=Blindness

Posted on December 23, 2011 by asknod

Pity Mr. Michael J. Reinhart. He enlisted in 1962 and separated in 1964. He got the HCV diagnosis in February 2002, began the bug juice November 2002 and started to notice some odd effects he hadn’t been counseled on. The … Continue reading →

Posted in CAvC HCV Ruling, HCV Health, Important CAVC/COVA Ruling | Tagged , , , , , , | 6 Comments

Re: THEOFRASTOU V. SHINSEKI

Posted on December 21, 2011 by asknod

I received this letter from Mr. Wayne Theofrastou today: Wayne Theofrastou says: Dear Sir: What have I ever done to you that rates your belittlement of me, my character and my service connection for hep C case ? The VA placed … Continue reading →

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CAVC–LEEPER v SHINSEKI-SMRs

Posted on December 18, 2011 by asknod

This decision mirrors what I am appealing in that I had medical records from a civilian hospital during my time in service while on duty. Legitimately, these records would be associated with a Veteran’s SMRs. The truth is they rarely are. Ronald … Continue reading →

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CAVC– Barbaccia v. Shinseki–Duty To Assist

Posted on December 13, 2011 by asknod

It’s nice to see the Court put as much effort into a SJD memorandum decision as they do  the bigger Dog and Pony shows. Mr. John R. Barbaccia , a Veteran as well as a frequent member of the Nasty … Continue reading →

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CAVC–DRAGNET–JUST THE FACTS, MA’M

Posted on December 12, 2011 by asknod

Sometimes you can catch a break. A good example in Vetsworld is when you arrive at the Court. I capitalize Court because it’s our Supreme Court of sorts. The BVA is not a court. It is a more erudite appellate … Continue reading →

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CAVC Results 2011

Posted on December 11, 2011 by asknod

Here are the results of the CAVC’s court calendar this year. While the year is 20 days away from completion, the Court has never shown any inclination to finish with a flurry of late opinions. I see no reason to … Continue reading →

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FED.CIR.–Purple Heart v. VASEC (2009)

Posted on December 6, 2011 by asknod

Last year I did an interesting writeup about Macklem v. Shinseki (Leroy Macklem, come on down!). What I didn’t do was give a complete rationale for why the CAVC ruled the way it did. I simply mentioned the rescission on appeal of … Continue reading →

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CAVC– Hubbard v. Shinseki–Implicit Consideration

Posted on December 2, 2011 by asknod

Well, we’ve certainly heard about implicit denial. You know, the ace up the sleeve trick where VA tries to use the “We forgot to include that back claim when we were rating you for the hammer toe and the hemorrhoids, but it … Continue reading →

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