Category Archives: Tips and Tricks

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

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

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

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

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

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

Does tinnitus interfere with your ability to get to sleep…?

Tinnitus has been a health problem for my DH since Vietnam.  To keep from going bonkers, he developed the typical DIY techniques of creating white noise with fans, the TV, and radio.   Getting to sleep can be a trial … Continue reading →

Posted in Guest authors, Tips and Tricks, Vietnam Disease Issues | Tagged , , , , , , , , , , | 3 Comments

CAVC-EASTMAN V. SHINSEKI–GETTING THE C-FILE THE OLD FASHIONED WAY

I’ve had Vets write me and ask how to pry loose a copy of their c-file after their requests go unanswered for a year or two.  Mr. Clifford A. Eastman, through his able rainmaker, Mr. Mark Lippman, has discovered the … Continue reading →

Posted in C-Files and RBAs, CAVC ruling, Extraordinary Writs of Mandamus, Tips and Tricks | Tagged , , , , , , , , , , , | 5 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

DBQs AND CLAIMS FILING

Lawyer Bob and his stalwart crew up in large mosquito land have sent me some interesting news. As often as I inveigh against using the DBQs (disability benefits questionnaires), I have now been told there is a silver lining to … Continue reading →

Posted in C&P exams, Introduction-Read these first, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , | 2 Comments

BVA–PCT RATINGS YOU NEED TO KNOW ABOUT

Here’s a little primer to acquaint Veterans with one of the diseases associated with both Agent Orange and HCV. I have it and from what I gather, several of you that I have helped do too. PCT stands for Porphyria … Continue reading →

Posted in BvA Decisions, Porphyria Cutanea Tarda, Tips and Tricks, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , | 1 Comment