Category Archives: Veterans Law

VAMC Doctors and Nexus Letters

It has always been a tenet of VA law that VA doctors are independent and allowed to write nexus letters. Many are gun shy about it and would prefer not to. They figure it may come back to haunt them … Continue reading

Posted in All about Veterans, Nexus Information, vA news, Veterans Law | Tagged , , , , , , , | 11 Comments

CAVC–POLITICALLY CORRECT COURT OPENINGS

If this were the Supreme Court, you can be damn sure the positions would have been filled by now by XXs or XYs. Instead they have to hire back the old dudes to fill in just to make an en … Continue reading

Posted in All about Veterans, vA news, Veterans Law | Tagged , , , , | 4 Comments

SCOTUS–HENDERSON v. SHINSEKI–EQUITABLE TOLLING

I’m sure you’ve probably heard of  David L. Henderson’s legendary fight spanning more than a decade and 5 VA Sectretaries by now. Most Vets have. This is the stuff that good campfire stories are made of. Allow me to take … Continue reading

Posted in Fed. Cir. & Supreme Ct., Important CAVC/COVA Ruling, PTSD, Veterans Law | Tagged , , , , , , , , , | Leave a comment

Better Not Pout, Better Not Shout

Remember the old ditty from Santa Claus is Coming to Town? Just imagine yourself in Keith Roberts’ shoes.  I posted a not so flattering summary of his first tête a tête with the VA (and the CAVC) last year based … Continue reading

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

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

Posted in Extraordinary Writs of Mandamus, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , | Leave a comment

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

Posted in Important CAVC/COVA Ruling, Introduction-Read these first, Veterans Law | Tagged , , , , , | 2 Comments

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

Posted in All about Veterans, Camp Lejeune poisoning, General Messages, Veterans Law | Tagged , , , , , , , | 1 Comment

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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