Tag Archives: ASKNOD BOOK

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

CAVC–DRAGNET–JUST THE FACTS, MA’M

Sometimes you can catch a break. A good example in Vetsworld is when you arrive at the Court. I capitalize Court because it’s our Supreme Court of sorts. The BVA is not a court. It is a more erudite appellate … Continue reading

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling, Jetgun BvA Decisions | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

BVA– SP-SP-SPECULATIVE, YOUR HONOR!

Senator Harry Byrd of West Virginia used to inveigh in the Senate when filibustering with a well-known rejoinder-“WRONG! WRONG! WRONG!” (capitalized merely to enunciate his vigor voicing it). Where are you now when we need you, Harry? This horrible piece … Continue reading

Posted in BvA HCV decisions, HCV Risks (documented), VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , , , , , | 1 Comment

COVA–Gilbert v. Derwinski (1990) –The Dawn of the Court

At the dawn of time (as far as modern review of Veterans’ claims goes) pursuant to the passage of the Veterans Judicial Review Act (VJRA) of 1988, the Court Of Veterans Appeals (COVA) was created. Its stated purpose was to … Continue reading

Posted in Important CAVC/COVA Ruling, Tips and Tricks, Vietnam War history | Tagged , , , , , , , , , , , , , , | 2 Comments

CAVC–Merczel v. Shinseki- Sorting out the Hickson Elements(SJD)

Sweet. That’s what this decision is. It tunes in the ICU2TV and let’s us look at another example of what justice is, and isn’t, supposed to be about.  Although the decision is by a single judge and not an en banc precedent- setting … Continue reading

Posted in BvA HCV decisions, HCV Risks (documented), Important CAVC/COVA Ruling, Jetgun BvA Decisions, Jetgun Claims evidence, Nexus Information | Tagged , , , , , , , , , , , , , , , , , , | 2 Comments

CAVC–Trusty v. Shinseki (2011)– Never Trust a VA Patient Advocate (SJD)

Here is another one of those “Can you believe this ?” decisions. It’s a Single Judge decision so we can’t use it for a precedent, but it sure does a wonderful job of illustrating what can happen to you in this … Continue reading

Posted in 1151 claims, HCV Health, Important CAVC/COVA Ruling | Tagged , , , , , , , , , , , , , , , , | 2 Comments

CAVC–Buie (5) v. Shinseki (0) (2011)

Now here is a case that is worthy of a panel. We are seeing more and more hilarious and comical decisions and orders handed down that are mundane and/or run of the mill. It can’t be that justice has been … Continue reading

Posted in Important CAVC/COVA Ruling, TDIU | Tagged , , , , , , , , , , , | 9 Comments

CAVC–Melancon v. Shinseki (2011)– Dude, they dissed me in 91

Even though we cannot use single judge decisions from the Court for precedence, we find them extremely informational for what they contain. They are useful for Vets who choose to defend themselves as the following Vet did. This is called pro … Continue reading

Posted in CAvC HCV Ruling, CUE, Interferon claims | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–George v. Shinseki (2011) SJD–Telling Fibs at the Big House

This is an illuminating case for several different reasons.  Veterans with HCV have been availing themselves of our limited resources now for three years and we have never illustrated what happens when you get caught stretching the truth up at … 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

Posted in Important CAVC/COVA Ruling, PTSD, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment