Category Archives: Important CAVC/COVA Ruling

COVA–Espiritu v. Derwinski- No Lay Doctors

Posted on September 28, 2011 by asknod

In almost all decisions you will read, be they Court or BVA, you will run across two cases over and over again. Gilbert v. Derwinski is the most quoted, but hard on its heels is Espiritu v. Derwinski (1992). The … Continue reading →

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COVA–Gilbert v. Derwinski (1990) –The Dawn of the Court

Posted on September 28, 2011 by asknod

At the dawn of time (as far as modern review of Veterans’ claims goes) pursuant to the passage of the Veterans Judicial Review Act (VJRA) of 1988, the Court Of Veterans Appeals (COVA) was created. Its stated purpose was to … Continue reading →

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Deciphering CAVC (cont.) Part 3

Posted on September 28, 2011 by asknod

This is Part 3 of a 3 part analysis of a Court decision. To read the whole decision, please access the CAVC Forum and click on Part 1 followed by Part 2. C. Prejudice The Court must next consider whether … Continue reading →

Posted in Important CAVC/COVA Ruling, Introduction-Read these first, Tips and Tricks | Tagged Service Connection | 1 Comment

Deciphering A CAVC Decision (cont.) Part 2

Posted on September 28, 2011 by asknod

(This is Part 2 of 3 parts. To access Part 1, go to the CAVC forum listing all cases and click on Part 1) b. Secretary’s Limited View of Duty To Suggest the Submission of Evidence Similarly, nothing in the … Continue reading →

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Deciphering a CAVC ruling — Part 1

Posted on September 28, 2011 by asknod

Oftimes a Vet will set out to defend himself before the abortion we refer to as the Veteran friendly VA adjudicatory system. He/she soon discovers the “do as I say and not as I do” nature of the system with … Continue reading →

Posted in Important CAVC/COVA Ruling, Introduction-Read these first, Tips and Tricks | Tagged Service Connection, VA claims | Leave a comment

COVA- Caffrey v. Brown–Duty to Assist?

Posted on September 28, 2011 by asknod

When filing for Clear and Unmistakable Error (CUE), one case seems to get a lot of attention where failure in the duty to assist is claimed. This is understandable because, like a cattle drive, VA counsel will push the Veteran … Continue reading →

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CAVC–Garrett v.Shinseki(SJD) -Whoa! I’m a nurse.

Posted on September 28, 2011 by asknod

Have you ever stepped in dog doo? Disgusting, isn’t it? If there’s nothing to lean against and no stick or water hose handy, you’re stuck with it-literally. If you’re wearing tennis shoes with one of those really nifty positraction soles, … Continue reading →

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CAVC–Merczel v. Shinseki- Sorting out the Hickson Elements(SJD)

Posted on September 27, 2011 by asknod

Sweet. That’s what this decision is. It tunes in the ICU2TV and let’s us look at another example of what justice is, and isn’t, supposed to be about. Although the decision is by a single judge and not an en banc precedent- setting … Continue reading →

Posted in BvA HCV decisions, HCV Risks (documented), Important CAVC/COVA Ruling, Jetgun BvA Decisions, Jetgun Claims evidence, Nexus Information | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, Gulf War Vets Help, HCV, HCV Decisions, HCV Health Tips, HCV Veterans, HCVETS, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA HCV Claims Help, Veterans claims help, Vietnam Veterans Claims Help. | 2 Comments

CAVC–Clark v. Shinseki -SJD–Absence of Evidence is Not Negative Evidence

Posted on September 27, 2011 by asknod

When I set out on my own to defend myself in early 2008, I did so with the idea that I couldn’t do any worse that the chuckleheads collecting a paycheck for it (my VSO). I began by starting in 1994 and reading … Continue reading →

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CAVC–Trusty v. Shinseki (2011)– Never Trust a VA Patient Advocate (SJD)

Posted on September 27, 2011 by asknod

Here is another one of those “Can you believe this ?” decisions. It’s a Single Judge decision so we can’t use it for a precedent, but it sure does a wonderful job of illustrating what can happen to you in this … Continue reading →