Category Archives: Veterans Law

WHAT CUSHMAN TELLS US (AND WHAT IT CAN’T YET)

Hear’s an excellent article sent in by member John of the Syrup of the Month Club up in Vermont. The article was written by Michael Allen under the auspices of the University of Cincinnati Law Review. What is important about … Continue reading

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CONJUNCTION JUNCTION, WHAT’S YOUR FUNCTION?

Remember back about 35 years ago hearing that on TV Saturday morning? Sandwiched in somewhere between Bugs Bunny and Wally Gator was a public service announcement attempting to teach children how to speak and understand their language. Hopefully some of … Continue reading

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CAVC SERIES–GILBERT’S LASTING LEGACY

When we survey our Veterans fiefdom for judicial uniqueness, we notice that in spite of what is described as a Veteran-friendly environment, we often manage to end up on the wrong side of it. 85% of you, to be exact. … Continue reading

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BVA– LEROY MACKLEM’S OTHER BROTHER DARYL

FROM THE MONTGOMERY WARD CATALOGUE RO IN ALABAMA Here’s one that will take a while to be docketed at the Court. VA will play “Fish on! for a few years. The most common modus operandi is to stick your appeal … Continue reading

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WEEKEND WARRIOR WINS $2 MIL IN USERRA CASE

This is one of those perfect “”I’ll be home with the new job and a back check for $2 mil for Christmas” stories. Meet Sgt. Maj. Richard Erickson, weekend warrior extraordinary. Rich isn’t your run of the mill groundpounder. He’s Special … Continue reading

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MORE INFORMAL CLAIMS INFO

I have received even more mail on the subject of what constitutes an informal claim in the last several days. One thing I note is the importance of having expressed or evinced somehow in writing that you desired to file. … Continue reading

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PENDING CLAIMS DOCTRINE

Several of you have emailed me concerning the effective date of your claims. There seems to be a lot of misinformation about this. I received an interesting article put out by several “scholars” at VA, or perhaps quoted by VA, on the … Continue reading

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CAVC KNOWLEDGE 6–THEORY OF RELATIVITY

When you get to the CAVC and you are preparing your defense, the proper thing do is to express every theory of service connection-anything- no matter how far-fetched. It should only be theories advanced in your BVA appeal which behooves … Continue reading

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VARO–VINDICTIVE? NAW. JUST DOING OUR JOB

This one will curl your hair. Imagine being protected by a five year old rating. Well, protected inasmuch as you know it’s not getting better. Now, compound that to within a few short months of being protected forever at 20 … Continue reading

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BVA–STUPID IS AS STUPID DOES

Who’s dumber? The Vet who eats rat poison for almost a year and goes blind or the VAMC who should have cut him off after six months? Regardless, the damage is done. It reads a lot like my problems list. … Continue reading

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