Category Archives: Tips and Tricks

CAVC– Hubbard v. Shinseki–Implicit Consideration

Well, we’ve certainly heard about implicit denial. You know, the ace up the sleeve trick where VA tries to use the “We forgot to include that back claim when we were rating you for the hammer toe and the hemorrhoids, but it … Continue reading

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QUANTITATIVE STATISTICALOLOGY

Hmmm, that’s a mouthful. Allow me to explain. As many know, I drive down the road on autopilot going to my appointments to keep me alive. I leave surreptitiously when Cupcake isn’t watching because she doesn’t like me to inflict myself on … Continue reading

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CAVC–McNAIR V. SHINSEKI–Presumption of Regularity

This decision was just released yesterday or I just found it. Both are possible with my addled brain. The decision is important for only one reason- that it clarifies and in some ways redefines the presumption of regularity. VA pushed … Continue reading

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BVA Statistics

I found this while roaming around. The fellow who posted it feels that VSOs are the way to go. He pointed out that the 39.9% of pro se claimants lost. Statistics are everything. Let’s look: We have 4,576 Vets who have chosen to represent … Continue reading

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MORE VA MATH

MORE VA MATH While driving to a job site to check on my WIFE’s Construction Co.  that I USED to own, a horrible thought of collusion came to me. As most who know me would agree, I think in numbers- … Continue reading

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VAMC Dayton Dental Clinic

What could be worse than a D&C? Why, a DDC. Imagine going to the VA dental clinic in Anywheresville, America and trusting these chuckleheads to observe normal sanitary protocols in this day and age. It would be not only expected, … Continue reading

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Fed. Cir.–Hampton V. Shinseki (audio)

Mr. Kenster the Carpenter seems to live in the Fed. Cir. now. Here we have him hard at work in Mr. Jerome Hampton’s defense. Ken should feel right at home in this case because it’s just a continuation of sorts … Continue reading

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38 CFR § 20.900(c)– MORE THAN MEETS THE EYE

Members have asked me frequently what the parameters are for seeking an advancement on the docket. While this might sound like climbing Mt. Everest barefoot, it isn’t. There are four criteria for this in spite of the common misconception of two. … Continue reading

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Trick or Treat From Drew Carey’s RO

Here’s an interesting decision that will provoke much discussion for years to come.  This comes to us from Shreddergate, the Cleveland, Ohio VARO with a unique filing system for round records that don’t fit into square holes. Their motto is … Continue reading

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Member’s Bucket List

I love writing about others and their successes when going up against Goliath (VA). Every win is a “take that” moment for what they did to me for 22 long years. Actually, mine’s still in the works in D.C. as … Continue reading

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