Category Archives: Tips and Tricks

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

Posted on October 8, 2013 by asknod

“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

CAVC–BROWN v. SHINSEKI–BACK TO THE FUTURE

Posted on September 9, 2013 by asknod

Always on the prowl for useful ammunition, I came across this 2009 delight. It was won by Virginia Girard-Brady, an able Veterans Lawyer. Now, before you make fun of her propensity to hyphenate her last name, it could be she … Continue reading →

Posted in CAvC HCV Ruling, HCV Risks (documented), Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , | 5 Comments

CAVC–MAPA v. SHINSEKI–VALUABLE RESOURCES FOR HCV CLAIMS

Posted on September 7, 2013 by asknod

In my continuing search for information on Malcolm in the Middle’s quest for more definitive proof of injuries due to untreated HCV for 12 years, and his later Interferon prophylaxis that damaged him further, I came across Mr. David L. … Continue reading →

Posted in CAvC HCV Ruling, CAVC Knowledge, HCV Health, HCV Risks (documented), Jetgun Claims evidence, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

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 →

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

VA–PRESENT FDCs, PLEASE.

Posted on September 2, 2013 by asknod

Those funny guys at the DVA want us to use professional help now to file our claims. That would be a  riot coming from the deaf, dysfunctional, VAROs but is being parroted by… why, who else?… The American Legion. That’s … Continue reading →

Posted in Tips and Tricks, VSOs | Tagged , , , , , , , , , , , , | 3 Comments

FED. CIR.–MIDDLETON V. SHINSEKI-I’LL TAKE DM2 FOR 40, ALEX.

Posted on August 28, 2013 by asknod

A new look at an old friend. I’ve preached about the VA’s rating system on DM2 many a time. It is constructed in a rambling conjunctive “and”/  disjunctive “or”, progressive manner with each new add-on permitting a rise up the … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Tips and Tricks, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , | 5 Comments

QUESTION ABOUT PENDING CLAIMS DOCTRINE

Posted on August 25, 2013 by asknod

Rashid El Malik adds a comment to our Pending claims doctrine post and I thought I would bring it out here so others can see what he’s asking. I have a question? In 2003 I filed a claim for R wrist … Continue reading →

Posted in BvA Decisions, CAVC ruling, Tips and Tricks, Uncategorized | Tagged , , , , , , , , , , | 10 Comments

BVA– VFW STRIKES AGAIN

Posted on August 8, 2013 by asknod

FROM THE HUNTINGTON, WEST VIRGINIA VFW POST # 1064 Looking for cryoglobulinemia cases to illustrate for claims purposes, I came across this gem. Rarely have I seen a judge make such short shrift of a Veteran so utterly and completely. … Continue reading →

Posted in BvA Decisions, Tips and Tricks, VSOs | Tagged , , , , , , , , , , | 2 Comments

BVA–MISSED IT BY THAT MUCH

Posted on July 21, 2013 by asknod

VA has the ugly habit of taking back with the left hand that which they shook hands on with the right. Our Johnny Vet out of Houston here, had a little problem. He got the VA notice of “We’re taking … Continue reading →

Posted in 1151 claims, BvA HCV decisions, Tips and Tricks | Tagged , , , , , , , , , , , , | 1 Comment

CAVC– FAUST V. WEST–A FAUSTIAN BARGAIN

Posted on July 14, 2013 by asknod

I have been receiving quite a bit of mail regarding VA reducing some of your ratings out there on the fruited plain. It seems that in spite of the major backlog in claims, VA has taken it upon themselves (and … Continue reading →

Posted in CAVC ruling, Tips and Tricks | Tagged , , , , , , , , , , , | 1 Comment