Category Archives: Presumption of Regularity

CAVC–BIRTH OF A WRIT-ACT III SCENE 9-WELCOME TO THE HOTEL CALIFORNIA (AGAIN).

Posted on March 22, 2015 by

As some pointed out, going down for double can be a dicey enterprise. Splitting up the cards into two bets isn’t the best way to do it either.  It also appears this is Judge Davis’ way of saying get lost. … Continue reading →

Posted in ASKNOD BOOK, CAvC HCV Ruling, Earlier Effective dates, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Porphyria Cutanea Tarda, Presumption of Regularity, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments

Century-old hepatitis miscellany from Minnesota

Posted on March 9, 2015 by

1915 In a Bad Way “Where are you off to in such a hurry?” “To fetch the doctor for my husband.” “What’s up with him?” “He tells me he has got hepatitis, dyspepsia, rheumatism, enteritis, gastritis, appendicitis, nephritis and cerebro … Continue reading →

Posted in HCV Health, HCV Risks (documented), Medical News, Military Madness, Presumption of Regularity, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , | 2 Comments

2017 VA UPDATES ON GETTING YOUR C-FILE

Posted on January 12, 2015 by

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– THE BIRTH OF A WRIT

Posted on January 4, 2015 by

Happy New Year to all and an apology is in order. I have been deeply immersed in my Opera Dei with my rainmaker. This Writ which I mentioned in December is for the whole shooting match. As some of you … Continue reading →

Posted in CAVC Knowledge, Extraordinary Writs of Mandamus, Presumption of Regularity, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , | 7 Comments

FED. CIR.–O’BRYAN V McDONALD- HOIST ON THEIR OWN VAOPGCPREC’S

Posted on November 21, 2014 by

Here’s a great decision by  those funny guys up at the Fed. Circus. Prost, Clevenger and Dyk (what a moniker!) got together for cocktails and one said “Hey, let’s take a page from Asknod and get on that Presumption of Everything … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Presumption of Regularity, Tips and Tricks | Tagged , , , , , , , , , , , , , , , | 2 Comments

PRESUMPTION JUNCTION, WHAT’S YOUR FUNCTION?

Posted on November 13, 2014 by

Shades of Sesame Street. Now you’re going to have that antique ditty running through your brain for a week. Presumptions. This seems to be the new lightning rod of Veterans Law. VA has always held a royal flush in this game … Continue reading →

Posted in Presumption of Regularity | Tagged , , , , , , , , , , , , , , | 8 Comments

CAVC–PROFFER V. McDONALD–TAILORING THE PRESUMPTION

Posted on November 9, 2014 by

I have written of reversals about all manner of cases. I have written of the Presumption of Regularity and it’s increasing importance in jurisprudence where the VA is fond of telling the truth partially but fudging on the “and they lived happily ever after.” … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Presumption of Regularity, Tips and Tricks | Tagged , , , , , , , , , , , , , , , | Leave a comment

CHEESEVILLE AND NEWNAN NOW THE VA DOCUMENTS DUMP

Posted on October 23, 2014 by

Nota bene. The old days of shipping it all in to your local VARO have passed on. The trick now is to send it to Janesville Wisconsin and Newnan, Georgia depending on your location. Here’s the VA handout. To make … Continue reading →

Posted in Presumption of Regularity, Proof of Mailing | Tagged , , , , , , , , , , , , , , | 3 Comments

CAVC–TRAORE V. GIBSON–GREENBERG THE MERCILESS

Posted on July 31, 2014 by

Once again, we delve into the intricacies of just what it takes to invoke the dreaded word “Reverse”- the ultimate bitchslap to a Veterans Law Judge (VLJ).  Equally embarrassing  is the fact that the Office of General Counsel (OGC 027) … Continue reading →

Posted in CAVC/COVA Decision, Presumption of Regularity | Tagged , , , , , , , , , , , | 1 Comment

CAVC–MOYE V. SHINSEKI-THE PRESUMPTION ACCORDING TO ST. BAGBY

Posted on June 26, 2014 by

My eye, as most know, is drawn to Court reversals as they offer the most cutting -edge jurisprudence and the best read for the money. Leroy Macklem is a recent, classic example of this and Mr. Moye’s win will be … Continue reading →

Posted in CAVC ruling, CUE, Presumption of Regularity | Tagged , , , , , , , , , , , , , , | 2 Comments