Category Archives: Informal Claims

CAVC– RIVERA-OYOLA V McDONALD–3 CARD MONTE

Posted on January 20, 2017 by asknod

It’s always fun to have old, seasoned former CAVC Judges come back to help out with the backlog. Considering President Trump is going to be tasked with filling three slots currently vacant at the Court, we hope he gives the … Continue reading →

Posted in CAVC Knowledge, Earlier Effective dates, Informal Claims, KP Veterans, Lawyering Up, Tips and Tricks, VA Attorneys, VA Medical Mysteries Explained, Veterans Law | Tagged , , , , , , , , , , , , , , , | 8 Comments

LZ CORK–CLEAR AND UNMISTAKABLE ERROR

Posted on January 15, 2017 by asknod

It’s one thing to recite 38 CFR to me and tell me what some arcane VA manual said about how to rate _____________ and under what circumstances and how the regulation has percolated down to us in the ensuing forty six … Continue reading →

Posted in 1154(b) combat presumptions, C-Files and RBAs, Congressional Influence, CUE, Inferred claims, Informal Claims, KP Veterans, VA Agents, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , | 2 Comments

LZ CORK– I’VE GOT ONE MORE SILVER DOLLAR

Posted on December 2, 2016 by asknod

If you’re read my book, you know playing VA poker is an art form. You keep your cards up and don’t let prying eyes see what you’re holding. Yeah, I know the drill they espouse. “Whatdaya got? Send it allllll in. … Continue reading →

Posted in HOMELESS VETERANS, Informal Claims, KP Veterans, Vietnam War history | Tagged , , , , , , , , , , , , , , | 5 Comments

LZ CORK—-BUTCH’S INFERRED CLAIM

Posted on December 26, 2015 by asknod

What in the Sam Hill is an inferred claim? Who dreamed up that Fustercluck concept? I get more queries on that since the VA term became fashionable. Included in these Veterans’ follow-on sentences are usually phrases like “I think they done … Continue reading →

Posted in Inferred claims, Informal Claims, KP Veterans, Nexus Information, Tips and Tricks, VA Medical Mysteries Explained, Vietnam War history | Tagged , , , , , , , , , , , , , | 9 Comments

BVA–VLJ URSULA R. POWELL–HANGING JUDGE?

Posted on November 18, 2015 by asknod

A Vet on our sister site at Hadit.com has an appeal before VLJ Ursula R. Powell.  Judge Ursula is in the habit of signing her decisions U.R. Powell which can cause confusion when you use the VA ‘s searchbar system. VA never … Continue reading →

Posted in All about Veterans, Informal Claims, KP Veterans, VA Medical Mysteries Explained, vARO Decisions, Veterans Law | Tagged , , , , , , , , , , , , , , | 5 Comments

CAVC–PAZ V McDONALD–IMPLICITLY MAKING A FINDING

Posted on May 19, 2015 by asknod

I love reversals. Where Meg Bartley is concerned, they are delicious and well-thought out. So, too, is this vignette of Mr. Santiago Paz and his incredible bad luck with VA. In my next incarnation I shall write a book for … Continue reading →

Posted in CAVC Knowledge, Implicit denial, Informal Claims, Reductions in rating, VA Medical Mysteries Explained, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | 3 Comments

2017 VA UPDATES ON GETTING YOUR C-FILE

Posted on January 12, 2015 by asknod

The Veterans Benefits Administration, or VBA, is now in full swing on digitizing records. Everything is now directed to Cheeseville, Wisconsin 53547. I don’t have to tell you that filing it electronically  on eBenefits is as advisable as throwing a bottle … Continue reading →

Posted in Electronic Filing of Evidence, Informal Claims, Presumption of Regularity, Proof of Mailing | Tagged , , , , , , , , , , , , , , , | 15 Comments

CAVC–BALLARD V GIBSON–BACK TO SCHOOL ON INFORMAL CLAIMS

Posted on August 5, 2014 by asknod

Reversals are like high-Greek drama compared to vacaturs  and set asides for remand to rehang the Vet. They always invoke the ‘aha’ moment where the Judge points to that fatal flaw of law and says “You can get away with … Continue reading →

Posted in CAVC ruling, Informal Claims | Tagged , , , , , , , , , , , , , , | 1 Comment

CAVC-SHELTON V. SHINSEKI–THE GOSPEL ACCORDING TO ST. BARTLEY

Posted on June 8, 2014 by asknod

I have crowed long and loud about Meg Bartley’s ascension to the CAVC throne with good cause. Her prior record working on the Veterans Benefits Manual ( Lexis Nexis VBM), as well as her staunch support of Veterans before the … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial, Informal Claims | Tagged , , , , , , , , , , , , , , | 2 Comments