Category Archives: Veterans Law

NEW NOD FORM 21-0958 FROM VA

So new they haven’t come out with a .pdf fill outable one yet. Yes siree, Bob. They are getting this down to a science. No more will we send in a 21-4138 and have them misconstrue it as a reopen … Continue reading

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FED. CIRCUIT– KYHN v. SHINSEKI–DO AS I SAY-NOT AS I DO

Ever since the inception of the Court of Appeals for Veterans Claims ( CAVC-formerly the Court of Veterans Appeals or COVA), it has been an inviolate precept that the record is closed after a Board Of Veterans Appeals (BVA) decision. … Continue reading

Posted in Fed. Cir. & Supreme Ct., Uncategorized, Veterans Law | Tagged , , , , , , , , , , , | 2 Comments

SVR RADIO WITH ATTORNEY BOB WALSH

As some of you know, I used (and still am) Bob Walsh as my mouthpiece to scale the CAVC mountain. I think it will be money well spent and keep him out of bars. With a new wife, he can … Continue reading

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GREAT ARTICLE ON GORDON ERSPAMER

Read about one of the giants in VA litigation. Gordon is taking time off from law to regain some of the things he needs to complete himself. I doubt we’ve heard the end of him. I wrote up a lovely … Continue reading

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CAVC–SPENCER v. SHINSEKI– PRO SE REVERSAL

As I mentioned several days ago, spotting a reversal at the Court is always a good yarn to read. Edna C. Spencer’s reads like a professionally written novel. This crusty old lady is nothing if not thorough in pursuing this. … Continue reading

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CAVC–GIRARDO v. SHINSEKI– WHERE’S THE SOC?

I love reversals. They illustrate VA law at it’s finest. Here, Mr. Larry J. Girardo gets another bite of the apple because VA is so dense and obtuse as to be unable (or unwilling) to comprehend that a filing represents … Continue reading

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CAVC–RICKETT v. SHINSEKI–EQUITABLE TOLLING

Every decade, it seems the Court has to restate their position on some facet of VA law. Here, it’s the confusing tapestry of decisions coming down from the Fed. Circuit that seems to confuse the Court again and again. Each … Continue reading

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SMC (SPECIAL MONTHLY COMPENSATION)-WHAT IS IT?

Member Carla writes and says “my husband has lost the use of his creative organ for all intents and purposes. They attribute this to his DM2. He was also blinded in one eye from shell fragments during a mortar attack … Continue reading

Posted in ASKNOD BOOK, R1/R2, SMC, Tips and Tricks, VA Agents, Veterans Law | Tagged , , , , , , , , , , , , , , , | 85 Comments

FED. CIR.–WALKER V. SHINSEKI–§3.303(b) SAYS WHAT?

After years of zooming by 38 CFR §3.303(b) like an anonymous building alongside  the freeway at 65 mph and seeing it quoted often in denials of HCV cases, I was rudely awakened to the following. Apparently a lot of us pro … Continue reading

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VA GUN SCARE– IT’S A CONSPIRACY

Every time I get one of these in the mail, I immediately digest the entire website to make sure I’m not being inveigled into promoting some goofball “Holes in the Poles” theory about where the aliens park all their spaceships … Continue reading

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