Link to Court of Appeals for Veterans Claims (CAVC)
Two ways of doing this. Put your cursor on Orders and Opinions then slide right and down to Opinions and click on it. Insert the name of the Vet and the year of the decision e.g. Gilbert 1990. You can use the name of the VA secretary to shrink the search (Gilbert v. Derwinski 1990). If you cannot find it, it is usually implies it was appealed to the Federal Circuit. To look for a single judge decision or any CAVC, for that matter, put the cursor on Case information,slide over to Decisions and Opinions and click. insert pertinent terms and a year if possible. As an example, enter Hepatitis 2012 and you will see all the cases concerning Hepatitis- both Single Judge and panel Find any case using this search bar. At the top click “date” and it usually is the one listed at the top assuming there aren’t a bunch of people with that name. In that case add the year of the decision if you know it. If you are specifically looking for a panel decision rather than a single judge one, click on Panel CVA at the top left below the search bar.
Link to Court of Appeals for Federal Claims (CAFC)
Click on orders and opinions and look for any that list McDonald (current VASEC) as the respondent or appellee.
Phil had a C & P in November 2011 for the organic mental syndrome. His rating was raised from 30% to 50% effective the C & P date in 2011. Of course, we’d seen that movie before, this had been an open claim since 1994, so we appealed to the Board for an earlier effective date. Just got that decision back this past December, and they agreed to retro it back to the initial date of claim. On the hernia claim, I went against my better judgment and asked the Board to do a reconsideration so I didn’t have to ask them to CUE themselves due to totally dismissing any discussion of evidence that was in his military medical files that somehow got overlooked. It seems Phil had an on-again, off-again incisional hernia. A C & P in 1998 performed by the same doctor who performed a subsequent one in 1999, only the 1998 results stated there was one present, and the 1999 stated there wasn’t one. But six days later in 1999, my husband went over to the base (Barksdale AFB) to see the surgeon who performed the original surgery in 1991, and the surgeon said there was one. There it was in the records, plain as day. Not listed in evidence, and certainly not discussed. Not to mention that he finally had it repaired in 2004. I had also been fighting for a rating for the ten inch long, two inch wide ventral scar since 1994, which the Board finally agreed to rate back to the original claim date. Like I said, you can’t make this stuff up.
Check out Foley 08-1155. My very first Writ of Mandamus petition for my husband. Follow the bouncing ball… About as close to a successful filing as one can get, I think.
Yes, it is. Did you get a rating for the organic B syndrome and the hernia or did they just fiddle about and send it back to DC?