Category Archives: Important CAVC/COVA Ruling

Karnas v Kuzma(re DC 7354)

Posted on December 2, 2011 by asknod

Something dramatic happened in 2003 that affects all Veterans who applied for Hep. before July 2, 2001. I speak of the effect of the VCAA enacted that year. It changed the way we are remunerated for hep inasmuch as some … Continue reading →

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

CAVC–McNAIR V. SHINSEKI–Presumption of Regularity

Posted on November 22, 2011 by asknod

This decision was just released yesterday or I just found it. Both are possible with my addled brain. The decision is important for only one reason- that it clarifies and in some ways redefines the presumption of regularity. VA pushed … Continue reading →

Posted in Important CAVC/COVA Ruling, Presumption of Regularity, Tips and Tricks | Tagged , , , | 2 Comments

CAVC–Hall v Shinseki–SJD–Unverifiable Evidence

Posted on November 19, 2011 by asknod

One has to hand it to Mr. Milton L. Hall. He represented himself before the Court in a single Judge disposition pro se– no small feat for someone who isn’t a legal beagle. That he fights them to a draw and … Continue reading →

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FED. CIR–HAMER V. SHINSEKI (he’s baaack!)

Posted on November 8, 2011 by asknod

It’s always interesting to follow the progress (or nonprogress) of a claim as it wends its way up the legal ladder. As the BVA is rather secretive and does not divulge the name, rank, airspeed and tail number of the … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Important CAVC/COVA Ruling, vARO Decisions | Tagged | 7 Comments

Plausible? See Stegman v. Derwinski (1992)

Posted on October 27, 2011 by asknod

I swear that the words that make their way onto this screen are born of woolgathering while driving. I keep a tablet under my right hand and a pen poised for when the little man in my head presses “Send”. … Continue reading →

Posted in General Messages, Important CAVC/COVA Ruling, Jetgun BvA Decisions, Nexus Information, Tips and Tricks, Uncategorized, Veterans Law | Tagged , , , , , , | Leave a comment

CAVC– Vincent v. Shinseki– Dismissal Then Reinstatement W/ Panel.

Posted on October 26, 2011 by asknod

We have pointed out the friction beginning to develop over time since VA Secretary Shinseki took office. This Order is the second to come down this year that evokes the belief by the Court that the Secretary was raised by … Continue reading →

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CAVC– Ledford v. Derwinski (1992)– Why we can file for HCV

Posted on October 22, 2011 by asknod

Veterans have asked me over time why we have a path to HCV when we legitimately didn’t have symptoms of it in service. 38 CFR 3.303 is the path most take for diseases or injuries that were documented in service. … Continue reading →

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling, Tips and Tricks | Tagged , , , , , , , , , , | Leave a comment

CAVC– GEORGE V. SHINSEKI– DUE PROCESS?

Posted on October 21, 2011 by asknod

If you have never filed a claim with VA, I suppose you could be a little lame as to what the procedures are. When VA tells you that you need to go to a Dog and Pony show to determine … Continue reading →

Posted in CAvC HCV Ruling, General Messages, Important CAVC/COVA Ruling | Tagged , , , | Leave a comment

CAVC– Jones v. Shinseki 2010 + BVA Case

Posted on October 16, 2011 by asknod

Jones v. Shinseki examines what to do when, after numerous tries, the VA examiners are stymied as to the cause of your disease or whether it is service-related. This is usually summed up somewhere in your denial. It will say … Continue reading →

Posted in BvA HCV decisions, Important CAVC/COVA Ruling | Tagged , , , | 3 Comments

CAVC-Evans v. Shinseki (2011) Post Hoc Rationalizations-

Posted on September 28, 2011 by asknod

Once again, using literary license, we take pen to paper to illustrate the VA Secretary’s attempts to make an elephant disappear up its own asshole. He rarely succeeds when he gets to the Court and this is a fresh example. … Continue reading →

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