Category Archives: Presumption of Regularity

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

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

CAVC–HOFFMAN V SHINSEKI–REBUTTING THE PRESUMPTION OF REGULARITY

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 , , , , , , , , , , , , , | Leave a comment

VA ILP SSOC REBUTTAL–LIKE CLAY IN MY HANDS

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 , , , , , , , , , , , , , , , , | 5 Comments

CAVC-COLLINS v. SHINSEKI– MORE PRESUMPTION OF REGULARITY

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 , , , , , , , , , | 2 Comments

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

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 , , , , , , , , , , , | 2 Comments

GETTING YOUR C-FILE

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 , , , , , , , , , , | 25 Comments

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

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

Posted in BvA Decisions, HCV Risks (documented), Interferon claims, Presumption of Regularity, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

USEFUL EVIDENCE FOR JETGUN MISFEASANCE

I spotted this on one of Sylvia’s posts. The attachment is one of a drug flyer that comes with a vaccine.  In this case, it specifically prohibits certain usages and inadvertently provides the very ammo you need to show the … Continue reading

Posted in HCV Health, HCV Risks (documented), Jetgun Claims evidence, Presumption of Regularity | Tagged , , , , , , , , , , , , , , , , | 4 Comments

THE PRESUMPTION OF REGULARITY

It seems Veterans are assailed from every quarter when they file a claim. Denials in this process are endemic and almost guaranteed the first time out. To add insult to injury, the new “Provisional Rating” procedure espoused as the panacea … Continue reading

Posted in Presumption of Regularity, Tips and Tricks, VA BACKLOG | Tagged , , , , , , , , , | 2 Comments

FED. CIR.–PARKS v. SHINSEKI–MEDICAL CREDENTIALS

The-heh, the-heh,the-that’s all, Arnold. Here’s a predictable decision that clearly enunciates why Vets should avoid LeagleBeagle4Vets.com representation. Arnold J. Parks and his not-so-adroit (non-attorney) legal representative from Disabled American Veterans went 3-o and lost at the VA and CAVC. His … Continue reading

Posted in Fed. Cir. & Supreme Ct., Presumption of Regularity, VSOs | Tagged , , , , , , , , , , , , , , | 3 Comments