Category Archives: Tips and Tricks

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

Posted on November 5, 2011 by asknod

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 →

Posted in Tips and Tricks, vARO Decisions | Tagged , , | 3 Comments

Trick or Treat From Drew Carey’s RO

Posted on October 31, 2011 by asknod

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 →

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

Member’s Bucket List

Posted on October 29, 2011 by asknod

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 →

Posted in Jetgun BvA Decisions, Tips and Tricks, Uncategorized, vARO Decisions | Tagged , , , | Leave a comment

Plausible? See Stegman v. Derwinski (1992)

Posted on October 27, 2011 by asknod

I swear that the words that make their way onto this screen are born of woolgathering while driving. I keep a tablet under my right hand and a pen poised for when the little man in my head presses “Send”. … Continue reading →

Posted in General Messages, Important CAVC/COVA Ruling, Jetgun BvA Decisions, Nexus Information, Tips and Tricks, Uncategorized, Veterans Law | Tagged , , , , , , | Leave a comment

CAVC– Ledford v. Derwinski (1992)– Why we can file for HCV

Posted on October 22, 2011 by asknod

Veterans have asked me over time why we have a path to HCV when we legitimately didn’t have symptoms of it in service. 38 CFR 3.303 is the path most take for diseases or injuries that were documented in service. … Continue reading →

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling, Tips and Tricks | Tagged , , , , , , , , , , | Leave a comment

DICK TRACY 101

Posted on October 19, 2011 by asknod

When filing a claim for benefits, there are certain things that can unduly influence your success. These may seem mundane and of no import, but they will have an impact larger than you can imagine. First time filers fill out … Continue reading →

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

TEACH A MAN TO FISH

Posted on October 14, 2011 by asknod

Give a man a fish and you feed him for a day. Teach him to fish and you feed him for life. I don’t know who said this. It isn’t germane to my discussion here. The thought is, though. Yesterday, … Continue reading →

Posted in General Messages, Tips and Tricks | Tagged , , , | 4 Comments

VA — TRICK OR TREAT

Posted on October 13, 2011 by asknod

On October 31st, 1990, the VA instituted the concept of willful misconduct. Prior to this the measurement was nominally Line of Duty (LOD). If you did something stupid like driving drunk and really messing yourself up, that was not LOD. … Continue reading →

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LOOKING FOR CUE IN BVA PLACES

Posted on October 12, 2011 by asknod

Looking For CUE   I have posted examples of CUE (Clear and Unmistakable Error) on several occasions but have never posted decisions where the reader can look for CUE in a BVA decision and discern it. I have chosen my … Continue reading →

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BVA–A Well-Reasoned Jet Gun Win

Posted on October 12, 2011 by asknod

Over the years we have noticed a small coterie of very successful lawyers who take on Hep. cases and win them with seeming ease. Virginia Girard-Brady is one. Here, she demonstrates that even in a pool full of VA law … Continue reading →

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