Category Archives: TDIU

CAVC–SCHWARTZ v McDONALD–HORS DE COMBAT REQUIRED?

Veteran spouse Shirley L. Schwartz has the fire in her belly. Husband David fought the VA delay/deny until you die machine from 2003 to 2012- to the death. Mrs. Schwartz took his place and trusted VA to do the right … Continue reading

Posted in CAVC Knowledge, CAVC/COVA Decision, CUE, Earlier Effective dates, TDIU | Tagged , , , , , , , , , , , , , , , | 4 Comments

CAVC–WAGES V McDONALD–READ ‘EM AND WEEP.

In what Law dogs from NOVA Sea to Shining NVLSP Sea have hoped for years, the long-ignored  38 USC §511’s codicil about how only the Board(s) could make the final decision on an appeal from the Agency of Original Jurisdiction … Continue reading

Posted in CAVC Knowledge, TDIU, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , , , | 3 Comments

FED. CIR.- GEIB v. SHINSEKI–YOU’RE GOOD TO GO, EDDIE

So many of you come to me and pose questions about Hepatitis C that we often overlook other subjects. I have recently been helping a relative in his final assault on Mt. TDIU. The ascent is always gradual with a … Continue reading

Posted in Fed. Cir. & Supreme Ct., TDIU | Tagged , , , , , , , , , , , , , , | 1 Comment

FED. CIRCUS–COMER v. PEAKE(MD)–VSOS ARE NOT LAW DOGS

“We also reject the government’s contention that the board had no duty to construe Comer’s appeal sympathetically because he had assistance from an aide from a veterans’ service organization.   Although we have held that the duty to construe a … Continue reading

Posted in Fed. Cir. & Supreme Ct., TDIU, Tips and Tricks | Tagged , , , , , , , , , | 3 Comments

FAST LETTER 13-13– REGARDING TDIU–READ AND HEED

Great. Now we are to be expected to don our Ben Casey outfits and decide which, of our numerous medical ailments, is the salient one that makes us TDIU. Huh? Twenty one years ago in 1992 Jovita Espiritu got the … Continue reading

Posted in TDIU | Tagged , , , , , , , , , | 3 Comments

BVA– LEROY MACKLEM’S OTHER BROTHER DARYL

FROM THE MONTGOMERY WARD CATALOGUE RO IN ALABAMA Here’s one that will take a while to be docketed at the Court. VA will play “Fish on! for a few years. The most common modus operandi is to stick your appeal … Continue reading

Posted in CUE, TDIU, Veterans Law | Tagged , , , , , , , , , , , | 2 Comments

vA–ARE THEY RUNNING OUT OF CLAIMS TO ADJUDICATE?

Bob the Leagle Beagle (and member Emeritus) sends us this interesting tidbit with the rejoinder Because we(vA raters) have lots of time on our hands and are all caught up with our work. The meat of the email is thus. … Continue reading

Posted in TDIU, vA news | Tagged , , , , , , , , | 4 Comments

Extraschedular Rating Granted

Member Loyal sent this one in. It’s a 2012 decision, too. It’s very unique for two reasons. The first being the Director of Comp. and Pensions denied the Vet  for the extraschedular and then the VLJ promptly overturns the decision. … Continue reading

Posted in BvA Decisions, PTSD, TDIU, Veterans Law | Tagged , , , , , , , | 3 Comments

CAVC–Buie (5) v. Shinseki (0) (2011)

Now here is a case that is worthy of a panel. We are seeing more and more hilarious and comical decisions and orders handed down that are mundane and/or run of the mill. It can’t be that justice has been … Continue reading

Posted in Important CAVC/COVA Ruling, TDIU | Tagged , , , , , , , , , , , | 8 Comments