Category Archives: Tips and Tricks

BVA– LAST DECISIONS OF 2014 POSTED

The BVA just put up the last of their decision for this year. Quite a few that were favorable for HCVets finally on the jetguns. It seems there must have been some reason the US Military decided to up and … Continue reading

Posted in BvA HCV decisions, IMOs/IMEs, Jetgun BvA Decisions, Jetgun Claims evidence, LOD and willful misconduct, Nexus Information, Tips and Tricks, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , , , | 1 Comment

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

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

CAVC–PROFFER V. McDONALD–TAILORING THE PRESUMPTION

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

VAROs–SQUANDERING SCARCE JUDICIAL RESOURCES

Often in the course of my claims and  appeals, I have run across the term above in conjunction with the term ” in the interests of judicial economy”. They are catchphrases either at the BVA kiddycourt or the august CAVC where … Continue reading

Posted in Earlier Effective dates, SMC, Tips and Tricks, VARO Misfeasance | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

VA FORM 9–EVERYTHING YOU ALWAYS WANTED TO KNOW

What is it about completing a Form 9 substantive appeal for your claim(s) within that sixty day window that seems so insurmountable? What seems so daunting from a pro se claimant’s perspective that provokes dread, confusion and indecision on what … Continue reading

Posted in CUE, Earlier Effective dates, Tips and Tricks, VA suspense dates, VARO Misfeasance | Tagged , , , , , , , , , , , , , , , , , , , , | 4 Comments

VASEC–WHAT HAPPENS WHEN YOU CALL BOB?

Hold on to your hats, ladies and gentlemen. First I wish to express an abject apology to Robert. A. McDonald, our newest and potentially most intriguing of all VA Secretaries to date. I was cynical after over twenty years of … Continue reading

Posted in 38 CFR § 3.156(b), ASKNOD BOOK, BvA Decisions, BvA HCV decisions, C&P exams, CAvC HCV Ruling, CUE, DRO and BVA Hearings, Earlier Effective dates, Nexus Information, Porphyria Cutanea Tarda, Tips and Tricks, VA BACKLOG, vARO Decisions, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , | 10 Comments

BVA–IN SEARCH OF NEGATIVE EVIDENCE

This is a great decision with enormous parameters. It illustrates many things that are judicially useful. To begin with, it is a jetgun-based claim and, as such, is of immense interest to the Veteran population who served between 1962 and … Continue reading

Posted in BvA HCV decisions, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

BVA–LITTLE THINGS THAT YOU DO

I always look for explicit examples of VA tricks and try to advertize them as a “Buyer Beware”. VA has a propensity to stretch the truth like no other agency of government. They have a tendency to cite to medical … Continue reading

Posted in BvA HCV decisions, HCV Health, HCV Risks (documented), Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , | 2 Comments

CAVC–WEAVER V SHINSEKI– PROTECTING THE PRESUMPTION OF SOUNDNESS

Whoooo, doggies. Glen R. Bergman of Bergman & Moore spanked Willy Gunn’s Lumpa Lumpas in this contest. It was a frank reversal-as in bitchslap- administered by none other than our Lady of Indiana Ave. NW-St. Mary of Schoelen. It was … Continue reading

Posted in CAVC/COVA Decision, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , | Leave a comment

CAVC-WELLS V SHINSEKI–THE VA GIVETH AND THE VA TAKETH AWAY

Ah, reversals. What could be more fun? I’m just guessing Alexandra Lio, Esquire is walking on air over this one. It’s a fine feather in Chisolm, Chisolm and Kilpatrick LLP’s hat, too. It illustrates perfectly the urge of VA to … Continue reading

Posted in CAVC/COVA Decision, Nexus Information, Tips and Tricks, Vietnam Disease Issues | Tagged , , , , , , , , , , , , | 2 Comments