Category Archives: Veterans Law

VBM–FOREGO THE C&P?

Posted on July 21, 2012 by asknod

Before I begin, I would like it known that Michigan Bob has given us a new 2011 VBM. As for the title above, I know that looks like a misprint and I was floored to read it myself. Nevertheless, right there on … Continue reading →

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

CAVC–ACEVEDO v. SHINSEKI– TWISTING THE MEANING

Posted on July 19, 2012 by asknod

Claims appealed to the CAVC should have to pass the smell test. This one didn’t. Bernadine Acevedo should be ashamed of herself. Actually Bob, Zach, Myung and Alexandra from the Providence Rhode Island Improv Society should have to apologize for … Continue reading →

Posted in CAVC/COVA Decision, Gulf War Issues, PTSD, Veterans Law | Tagged , , , , , , , , , , , , , | 3 Comments

BVA–WHERE ARE THOSE 2012 DECISIONS?

Posted on July 15, 2012 by asknod

    Up to now, this was merely an annoying delay. What is becoming apparent is that the publishers entrusted with getting decisions out in the online version are callously ignoring us and failing to publish them. Or, conversely, they are disabling … Continue reading →

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

CAVC–BOWEN v. SHINSEKI–SEMPER FI, DUDE

Posted on July 12, 2012 by asknod

Every once in a while I see a good decision but often all I see in panel opinions is negligent lawyering . Call it Driving (claim) under the Influence (of Lawyer). What else can you take away from this? I … Continue reading →

Posted in CAVC/COVA Decision, Veterans Law | Tagged , , , , , , | 3 Comments

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