Category Archives: Presumption of Regularity

CAVC–PROFFER V. McDONALD–TAILORING THE PRESUMPTION

Posted on November 9, 2014 by asknod

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 ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Vets Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, vA CLAIMS FOR PTSD, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help., VSO | Leave a comment

CHEESEVILLE AND NEWNAN NOW THE VA DOCUMENTS DUMP

Posted on October 23, 2014 by asknod

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 ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Vets Help, HCVETS, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 3 Comments

CAVC–TRAORE V. GIBSON–GREENBERG THE MERCILESS

Posted on July 31, 2014 by asknod

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 ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Vets Help, Korean War Vets Help, Service Connection, VA claims, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 1 Comment

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

Posted on June 26, 2014 by asknod

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 ASKNOD BOOK, asknod.org, asknod@wordpress.com, CUE, Gulf War Claims Help, Gulf War Vets Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA Clear and Unmistakable Error, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | 2 Comments

CAVC–HOFFMAN V SHINSEKI–REBUTTING THE PRESUMPTION OF REGULARITY

Posted on June 17, 2014 by asknod

As most of you know, Veterans law fascinates me. This is a late epiphany that I acquired while trying to decipher my losses over the years. Once I prevailed, it became an obsession in my desire to help other Vets. … Continue reading →

Posted in CAVC ruling, Presumption of Regularity, Tips and Tricks, Veterans Law | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Vets Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans Benefits, Veterans claims help, Vietnam Veterans Claims Help. | Leave a comment

VA ILP SSOC REBUTTAL–LIKE CLAY IN MY HANDS

Posted on May 21, 2014 by asknod

Building a claim is a gradual process. Fortunately for those of us who have decided to depend on no one but ourselves to win our VA claims, we have several venues that purport to give seasoned advice. I was trying … Continue reading →

Posted in Independent Living Program, Porphyria Cutanea Tarda, Presumption of Regularity | Tagged ASKNOD BOOK, asknod.org, Disabled Veteran, Gulf War Claims Help, Gulf War PTSD, Gulf War PTSD Claims, Gulf War Vets Help, Help with vA Claims, Helping homeless Vets, Korean War Vets Help, Service Connection, VA claims, VA ILP Benefits, VA Independent Living Program, VA SOC and SSOC examples, Veterans claims help, Vietnam Veterans Claims Help. | 5 Comments

CAVC-COLLINS v. SHINSEKI– MORE PRESUMPTION OF REGULARITY

Posted on November 17, 2013 by asknod

After Kyhn v. Shinseki finally got to the bottom of the fact that VA really has no procedure for making sure the VAMC or whoever sends out a letter to a Vet informing him of a C&P, we would think … Continue reading →

Posted in CAVC ruling, Presumption of Regularity | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Gulf War Claims Help, Korean War Vets Help, Service Connection, VA claims, VA presumption of Regularity, Veterans claims help, Vietnam Veterans Claims Help. | 1 Comment

CAVC–KYHN v. SHINSEKI–NO ADDITIONS TO THE RBA

Posted on October 25, 2013 by asknod

We have rules we live by. We have rules for appealing. We cannot modify the rules to “fix” what we forget in a judicial forum. If we appeal to a higher tribunal at the VA, we are allowed to add … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Presumption of Regularity | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, CAvC/COvA Decisions, Gulf War Vets Help, Help with vA Claims, Korean War Vets Help, Service Connection, VA claims, VA presumption of Regularity, Veterans claims help, Vietnam Veterans Claims Help. | 2 Comments

GETTING YOUR C-FILE

Posted on September 30, 2013 by asknod

It never ceases to amaze me what some of you are forced to go through to pry a copy of your c-file out of the cold, deadly fingers of the Regional Offices. The stories I have heard make me ashamed … Continue reading →

Posted in Extraordinary Writs of Mandamus, Obtaining a C-file, Presumption of Regularity | Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Gulf War Vets Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans claims help, Vietnam Veterans Claims Help. | 26 Comments

MALCOLM IN THE MIDDLE- WHAT DID THEY KNOW AND WHEN DID THEY KNOW IT?

Posted on September 3, 2013 by asknod

Few people, let alone doctors, seem capable of understanding a disease (or diseases in this case) and the chronology in which they occur. Additionally, with similar diseases, confusion seems to arise as to which one was acquired when- and sometimes … Continue reading →