Category Archives: Tips and Tricks

LOOKING FOR CUE IN BVA PLACES

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

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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DRO– Bait & Switch Ploy

Here is an interesting contretemps. You finally get rated for, let’s say, DM2 and they give you 10%.  What would you think if you applied for PN secondary to the DM2 and they whacked your DM down to 0% and … Continue reading →

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Post Office Form 3817

While sending in my Notice of Disagreement with The Vocational Rehabilitation and Employment chuckleheads today, I was chatting with the Post Office Mistress, or is that postmasterperson  shoot, postmistressperson,    masterpostperson, (this politically correct thing is hard to get the hang of) about … Continue reading →

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Independent Living Program

Dang. I just got turned down by VA for a new computer, a greenhouse and a sewing machine. This is available to those of us who are never going to work again. It’s called the Independent Living Program or ILP … Continue reading →

Posted in All about Veterans, Independent Living Program, Tips and Tricks, Uncategorized, VR&E | Tagged | 3 Comments

The Power Of One–WGM’S SAGA

Early mathematicians were extremely enamored of the number One. After mastering the simple concept of addition, they branched out into the concept of Algebra and its cousins. Multiplication and division yielded an abnormal result though. One could not be increased via … Continue reading →

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COVA–Gilbert v. Derwinski (1990) –The Dawn of the Court

At the dawn of time (as far as modern review of Veterans’ claims goes) pursuant to the passage of the Veterans Judicial Review Act (VJRA) of 1988, the Court Of Veterans Appeals (COVA) was created. Its stated purpose was to … Continue reading →

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Deciphering CAVC (cont.) Part 3

This is Part 3 of a 3 part analysis of a Court decision. To read the whole decision, please access the CAVC Forum and click on Part 1 followed by Part 2.  C. Prejudice The Court must next consider whether … Continue reading →

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Deciphering A CAVC Decision (cont.) Part 2

(This is Part 2 of 3 parts. To access Part 1, go to the CAVC forum listing all cases and click on Part 1) b. Secretary’s Limited View of Duty To Suggest the Submission of Evidence Similarly, nothing in the … Continue reading →

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Deciphering a CAVC ruling — Part 1

Oftimes a Vet will set out to defend himself before the abortion we refer to as the Veteran friendly VA adjudicatory system. He/she soon discovers the “do as I say and not as I do” nature of the system with … Continue reading →

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