Category Archives: Veterans Law

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

Posted in CAVC Knowledge, CAVC ruling, Equitable tolling, Veterans Law | Tagged , , , , , , , , , , | Leave a comment

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

Posted in CAVC ruling, Veterans Law | Tagged , , , , , , , , , , , | Leave a comment

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

Posted in vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , | 3 Comments

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

Posted in Veterans Law | Tagged , , , , , , , , , , , | 8 Comments

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

Posted in ASKNOD BOOK, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , | Leave a comment

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

Posted in CAVC Knowledge, CUE, Veterans Law | Tagged , , , , , , , | 2 Comments

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

Posted in CUE, TDIU, Veterans Law | Tagged , , , , , , , , , , , | 2 Comments

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

Posted in Veterans Law | Tagged , , , , , , , , | 3 Comments

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

Posted in Veterans Law | Tagged , , , , , , , | Leave a comment