Category Archives: Veterans Law

Judge: ” unchecked VA incompetence” is the Fault of Congress

Posted on May 9, 2012 by joeaveragevet

I didn’t make it up.  The court reversed itself. http://www.military.com/news/article/judge-va-mental-health-system-requires-govt-fix.html?ESRC=eb.nl In 2008, the judges said, “The VA’s unchecked incompetence has gone on long enough; no more veterans should be compelled to agonize or perish while the government fails to perform … Continue reading →

Posted in Guest authors, Gulf War Issues, PTSD, Uncategorized, VA BACKLOG, Veterans Law | Tagged , , , , , , , , , | Leave a comment

WRITS OF MANDAMUS–USEFUL?

Posted on May 8, 2012 by asknod

Several times in the past year I have been queried about using a writ for extraordinary relief. The CAVC has this power and exercises it infrequently, preferring to see the VA  somehow muddle through at their snail’s pace. This is no panacea to Vets who have … Continue reading →

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , , | 2 Comments

Nine Ways to An Earlier Effective Date, Part II

Posted on May 8, 2012 by joeaveragevet

A few days ago, I published an article on winning an earlier effective date, here: https://asknod.wordpress.com/2012/05/04/nine-ways-to-an-earlier-effective-date/   So here you are:  1.  You dont have a “pending claim” that your VARO forgot to adjuticate.  2.  The RO didnt lose any … Continue reading →

Posted in Complaints Department, Guest authors, Uncategorized, Veterans Law | Tagged , , , , , , , | Leave a comment

9th Fed.Circus Bails Out of VCS Controversy

Posted on May 7, 2012 by asknod

In an stunning display lacking intestinal fortitude, the 9th Fed. Circus, in an en banc decision, decided on narrow grounds-i.e. it wasn’t an “individual” but a group claim- to get out of this sticky wicket.  I was looking forward to seeing … Continue reading →

Posted in All about Veterans, Fed. Cir. & Supreme Ct., VA BACKLOG, vA news, Veterans Law | Tagged , , , , , , , | Leave a comment

BVA– Bronze Star= HCV

Posted on May 5, 2012 by asknod

Here’s a perfect stir of a combat soldier, 38 USC 1154(b) and vA’s grant of HCV service connection. The confluence of all three is the key to his success. Why this had to go to the BVA , the CAVC … Continue reading →

Posted in BvA HCV decisions, Inspirational Veterans, PTSD, Uncategorized, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , | 2 Comments

Nine Ways to An Earlier Effective Date

Posted on May 4, 2012 by joeaveragevet

   The NVLSP, through the Purple Heart, has listed at least 9 ways to win an earlier effective date, here: http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf   For those who would like a summary, I have provided my interpretation but would always suggest you thoroughly study the … Continue reading →

Posted in General Messages, Guest authors, Nexus Information, Tips and Tricks, Uncategorized, Veterans Law | Tagged , , , , , | 12 Comments

COVA–ARCHBOLD v WEST–WHEN A F-9= A NOD

Posted on May 3, 2012 by asknod

Imagine getting screwed by VA in 1953, filing for increase in 1990, and during the course of the claim for increase, discovering you should have had the rating all along. Poor Mr. Emerson E. Archbold. What tangled webs the vA … Continue reading →

Posted in CUE, Important CAVC/COVA Ruling, Uncategorized, Veterans Law | Tagged , , , , , , | Leave a comment

COVA– EF v. DERWINSKI–HOW ABOUT A C&P?

Posted on May 3, 2012 by asknod

Few cases are heard where a Veteran wants to retain his or her anonymity. I have  seen only two before the CAVC/COVA that were precedental. Here, I can understand the desire for not publicizing the name. Our Vet had genital … Continue reading →

Posted in Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , , , | Leave a comment

VARO DETROIT–THE MARCH TOWARDS 2 MILLION CLAIMS

Posted on May 1, 2012 by asknod

Member Bob sent us this from the city that manufactures  Binford Tools and motor vehicles. It is a classic example of what I call divide and conquer. The Veteran has been asked to be honest. This he does. VA immediately … Continue reading →

Posted in Nexus Information, PTSD, Tips and Tricks, vARO Decisions, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , | 2 Comments

MATING ELEPHANTS

Posted on April 29, 2012 by asknod

Things you need to know about vA decisons and the process behind them that few Vets see or hear about.  vA decisions are promulgated at a very high level. vA decisions are only arrived at after a suitable period   … Continue reading →

Posted in Complaints Department, General Messages, Humor, Uncategorized, Veterans Law | Tagged , , , , , | 1 Comment