Category Archives: Veterans Law

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 →

Posted in EAJA, Guest authors, Veterans Law | Tagged , , , , , , | Leave a comment

CATCH 23–TOUGH LUCK

Posted on June 2, 2012 by asknod

Nashville, Tennessee Imagine reporting for your colonoscopy at the VA. Sanitary protocols are in place now, right? We’re talking 2008 and forward. In RO and BVA decisions , they constantly dredge up the fact that while there may have been … Continue reading →

Posted in Complaints Department, Fed. Cir. & Supreme Ct., Veterans Law | Tagged , , , , , , , , | Leave a comment

Senator to VA: End the epidemic of Fraud

Posted on May 25, 2012 by joeaveragevet

I did not say it first.  Senator Cornyn has echoed what Veterans have been saying  all along:   http://www.chron.com/news/houston-texas/article/Texas-Sen-Cornyn-tells-VA-to-end-epidemic-of-3584393.php One could ask:   If the VA thinks its “ok” to steal from the most vulnerable disabled Veterans with mental issues, then what … Continue reading →

Posted in Guest authors, vA news, Veterans Law | Tagged , , , , , , | Leave a comment

DM2–TIPS AND TRICKS FOR 40%

Posted on May 20, 2012 by asknod

This was recently sent to me by Member Bob from mosquitoland up north. vA has an ugly habit of denying that leap from 20% to 40% when you ask for it. In fact, they are downright ornery about raising it. … Continue reading →

Posted in Nexus Information, Tips and Tricks, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , | 3 Comments

BVA–BVATION FROM THE NORM

Posted on May 20, 2012 by asknod

Saturday morning arrived with sunshine. The barking dogs signaled the arrival of the lady with the dog biscuits and the mail. As expected, my big brown envelope from the BVA arrived as well. What I least expected was what was contained … Continue reading →

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

CUE and More CUE

Posted on May 18, 2012 by asknod

My son was home recently and allowed me to stroll through his access port to WestLaw. This is a legal site one subscribes to. Access is limited to those who pay. As he is a law student, he is given … Continue reading →

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

Fed. Cir.–Morris v. Shinseki–Psychiatric vs. Personality disorders

Posted on May 17, 2012 by asknod

Here’s one that’s probably never going to be available on Kindle. Mr. Jack D.  Morris entered service July 31, 1964 and exited 2 months and 6 days later. Not exactly what you would call a commitment.  Don’t confuse this with the other … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Frivolous Filings, Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , , | 2 Comments