Category Archives: Veterans Law

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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COVA–SCHAFRATH v. DERWINSKI–ALLEY OOP

I’m sure few of you know who Alley Oop was.  He was a fixture on Sunday morning in the funny papers. I suppose they’re called cartoons now. The parallel I draw here is not about cave men per se. It’s … Continue reading

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APA– VETERANS’ GAIN?

Here’s an interesting article sent to me by RW, a noted VA attorney and deep thinker. What Veterans Would Gain From Administrative Procedure Act Adjudications, Tommy, Issue 2, 2002, Arzt, Robin J. It’s a 2002 article that has more resonance … Continue reading

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Fed. Cir.–CUSHMAN v. SHINSEKI–DUE PROCESS

There has been much talk about what constitutes “due process” and a lot of it has been misleading. While perusing another Vet’s site, I noticed a long diatribe about what was reputed to not be due process and Cushman was … Continue reading

Posted in CUE, Fed. Cir. & Supreme Ct., From the footlocker, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , | 2 Comments

CAVC– KATH v. SHINSEKI–NO RETROSPECTIVE EXAMS

Richard P. Kath filed for hep in 1978. As with most of us, he didn’t know the program and received a denial slip. He didn’t appeal, but it appears he refiled in 1980. He got the same treatment  from what … Continue reading

Posted in BvA HCV decisions, C&P exams, CAvC HCV Ruling, Earlier Effective dates, Important CAVC/COVA Ruling, Remanded claims, VA Medical Mysteries Explained, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

Plausible? See Stegman v. Derwinski (1992)

I swear that the words that make their way onto this screen are born of woolgathering while driving. I keep a tablet under my right hand and a pen poised for when the little man in my head presses “Send”. … Continue reading

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The Power Of One–WGM’S SAGA

Early mathematicians were extremely enamored of the number One. After mastering the simple concept of addition, they branched out into the concept of Algebra and its cousins. Multiplication and division yielded an abnormal result though. One could not be increased via … Continue reading

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CAVC–Clemons v. Shinseki (2009)–Not an M.D.

Clemons v. Shinseki is a marvelous piece of work. I’m sure Eric the clueless wasn’t entirely enthralled with the outcome, but that is neither here nor there. Bill Clemons simply reinforces Espiritu v. Derwinski from our point of reference. Mr. William … Continue reading

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