Category Archives: Veterans Law

FED. CIR.–GARDIN v. SHINSEKI– WHO’LL BE FIRST?

Posted on July 9, 2012 by asknod

Very few Vets get to have their names up in lights in perpetuity. Norman Gilbert is one and there are many more over the last twenty three years. Wayne Gardin’s decision here is an example of what sets the stage … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Nexus Information, PTSD, Veterans Law | Tagged , , , , , , , , , , , | Leave a comment

How to find VA’s errors in your claim?

Posted on July 4, 2012 by joeaveragevet

Recently, I published an article explaining that more than 76% of BVA decisions are in error, based on Bart Stichman’s Testimony to Congress.  Regional Office Decisions would actually be worse than that, because, remember, to get your claim to the … Continue reading →

Posted in Guest authors, Tips and Tricks, vARO Decisions, Veterans Law | Tagged , , , , , , | Leave a comment

76.4% of BVA decisions are wrong (and not in the Veterans favor, either!)

Posted on July 3, 2012 by joeaveragevet

Nope.  I did not make this up.  This is Bart Stichman’s testimony to Congress who said it.  For those of you who dont know Bart Stichman,  he is the Executive Director of the NVLSP, and the author of much of … Continue reading →

Posted in BvA Decisions, CAVC/COVA Decision, Guest authors, Veterans Law | Tagged , , , , , , , , | 4 Comments

How to “not lose” your VA claim a la Sellers.

Posted on June 28, 2012 by joeaveragevet

If you are a Veteran, appealing your claim either at the CAVC level or the BVA level, you need to read over Ask Nod’s interpretations of Sellers, as well as the judges’ dicta. While many Vets want to “win” their claim, it … Continue reading →

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CAVC–SELLERS v. SHINSEKI–MACKLEM II

Posted on June 28, 2012 by asknod

This may be the best decision you’ll read in 2012. It’s a daisy. It just makes me giggle every time I go back over the analysis. It will remind you of Leroy Macklem’s high adventures in CUE land. What’s more, … Continue reading →

Posted in CAVC/COVA Decision, CUE, Veterans Law | Tagged , , , , , , , | 1 Comment

BVA–WEIGHT WATCHERS

Posted on June 25, 2012 by asknod

FROM THE CITY OF RUST VARO My home town vARO is a piece of work. I am 4/15 on claims there and 2/7 on appeals via D.C. Obviously I think my claims have merit or I wouldn’t bother pursuing them. … Continue reading →

Posted in BvA HCV decisions, Veterans Law | Tagged , , , , , , , , , , , , | 1 Comment

Why OSC?

Posted on June 17, 2012 by joeaveragevet

Yesterday I published an article on an OSC poll.  About a third of you guessed that OSC was the “Office of Special Counsel”.   You were correct, but what has that got to do with anything? A  few weeks ago, … Continue reading →

Posted in Complaints Department, Guest authors, vA news, Veterans Law | Tagged , , , , , , | 5 Comments

BVA–WINNING WITH A PROBATIVE NEXUS

Posted on June 13, 2012 by asknod

FROM THE LAST LIVE FREE OR DIE STATE  IN THE UNION RO (MANCHESTER, NH) What constitutes a probative nexus? How can you tell if you have the real McCoy from Dr. Bash and/or one of  his cohorts in the biz? … Continue reading →

Posted in BvA HCV decisions, Nexus Information, PTSD, Veterans Law | Tagged , , , , , , , , , , | 2 Comments

VAOIG: Admits to 53% Error rate at San Diego

Posted on June 7, 2012 by joeaveragevet

We have all heard the VA boast of its 80-90 % VARO “correct decision” rate.   While most of us realized this is just another manipulation of the numbers, I think ask nod readers deserve to know why there is … Continue reading →

Posted in BvA Decisions, Guest authors, vA news, vARO Decisions, Veterans Law | Tagged , , , , | 13 Comments

EAJA–WHAT IS IT?

Posted on June 4, 2012 by joeaveragevet

This answers the questions about EAJA much better than I can: However,  nobody at the VA has ever been able to answer my question:  If Veterans don’t need an attorney, then why doesn’t the VA fire its 600 or so … Continue reading →

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