Category Archives: Veterans Law

COVA–ERSPAMER v. DERWINSKI–WRIT OF MANDAMUS

What is a Writ of Mandamus? Why is it only available at the Court of Veterans Appeals? So many questions about an arcane legal term come to mind. Let’ look at this item and figure out how it fits into … Continue reading

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CAVC–BOVE V. SHINSEKI–EQUITABLE TOLLING

Equitable tolling is another one of those blessings a grateful nation has bestowed on Vets. We get more slack that any other class of American litigant. This does not absolve us of the right to appeal our claims in a … Continue reading

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COVA–LAZANO v.DERWINSKI–ESTOPPEL

What is estoppel? It’s another one of those crazy words the Courts use to confuse all but the initiated. Let’s turn it into DickandJanespeak.  Estoppel. See? That was easy. What we have left is “stop” as in “They told me … Continue reading

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COVA–MANIO v DERWINSKI–DOCTRINE OF LACHES

Veterans have a misconception about our laws. Most I have talked to think our only difference to civil courts is the benefit of the doubt doctrine. There are many other rights and one of the earliest argued was the right of … Continue reading

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New Camp Lejeune Update

I just received this from our East Coast membership in charge of such things. Greetings It has been a few weeks since we asked everyone to visit the House Veterans Affairs Committee’s (HVAC) Chairman’s website. Initially we were encouraged by … Continue reading

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BVA–SHOTGUN TECHNIQUE

This is a unique rating. It’s brand new and the Veteran has listed risks which legitimately could be used to deny him. Here the RO let this go up to the BVA with no endorsement as to which was the … Continue reading

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VA AS A “VETERAN FRIENDLY” ENVIRONMENT

ACTIONS SPEAK LOUDER THAN WORDS Numerous trees have been sacrificed on the altar of political correctness to iterate and reiterate that the VA is “veteran friendly”. We hear it so frequently that it tends to deflect like water off a … Continue reading

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Fed. Cir–GARDIN v.SHINSEKI–PTSD DOCTORS LEGAL?

There has been much said about the legality of a closed loop for PTSD exams strictly by VHA’s finest. This would seem to be the ammo against. http://veteranclaims.wordpress.com/2010/09/20/federal-circuit-gardin-v-shinseki-no-2009-7120-usc-5125-diagnosis-of-ptsd-stressor/ I’d say the Fat Lady has yet to sing her aria.

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SUBCONTRACTING VA CLAIMS– RUH-OH, RORGE!

After reading this article, I can only say it’s obvious why they chose Xerox/ACS. It must give them (VA) great pleasure to find a private company that has the same techniques and lack of motivation. The bottom line will always … Continue reading

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COVA–LAYNO V. BROWN– DON’T TRY TO LAYNO BOOGIE-WOOGIE ON THE COVA

As a PS at the beginning(Prescript?), I wish to point out that Mary Lou Keener, future bride of Herschel Gober (soon to be acting  VASEC) was the lead attorney on this.  Nepotism is alive and well in America. http://en.wikipedia.org/wiki/United_States_Secretary_of_Veterans_Affairs I … Continue reading

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