Category Archives: Veterans Law

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

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