Category Archives: Veterans Law

Better Not Pout, Better Not Shout

Posted on February 28, 2012 by asknod

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

Posted on February 26, 2012 by asknod

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

Posted on February 25, 2012 by asknod

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 →

Posted in All about Veterans, General Messages, vA news, Veterans Law | Tagged , , , , , | Leave a comment

COVA–LAZANO v.DERWINSKI–ESTOPPEL

Posted on February 21, 2012 by asknod

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

Posted on February 21, 2012 by asknod

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

Posted on February 18, 2012 by asknod

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

Posted on February 17, 2012 by asknod

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

Posted on February 17, 2012 by asknod

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 →

Posted in All about Veterans, BvA Decisions, General Messages, vA news, Veterans Law | Tagged , , , , , | 3 Comments

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

Posted on February 15, 2012 by asknod

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.

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

SUBCONTRACTING VA CLAIMS– RUH-OH, RORGE!

Posted on February 15, 2012 by asknod

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 →

Posted in All about Veterans, vA news, Veterans Law | Tagged , , , , , , , | 3 Comments