Tag Archives: CAvC/COvA Decisions

CAVC–POLITICALLY CORRECT COURT OPENINGS

Posted on March 1, 2012 by asknod

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

Posted on February 28, 2012 by asknod

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

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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COVA–LAYNO V. BROWN– DON’T TRY TO LAYNO BOOGIE-WOOGIE ON THE COVA

Posted on February 13, 2012 by asknod

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 →

Posted in All about Veterans, Important CAVC/COVA Ruling, Nexus Information, Tips and Tricks, Veterans Law | Tagged , , , , , , | Leave a comment

COVA–SCHAFRATH v. DERWINSKI–ALLEY OOP

Posted on February 12, 2012 by asknod

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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COVA– CALUZA V. BROWN–TOTAL RECALL

Posted on February 9, 2012 by asknod

One of the hallmarks of a famous case from the early days of the CAVC (then the COVA) is name familiarity. When I first started researching why I lost in 1994, I looked first to the VA and there found … Continue reading →

Posted in Important CAVC/COVA Ruling, Nexus Information, Tips and Tricks | Tagged , , , , , , | 7 Comments