Tag Archives: CAvC/COvA Decisions

CAVC–WISNIEWSKI v. SHINSEKI–PRESCRIPTION BED REST

Posted on February 7, 2012 by asknod

Here’s something interesting. I found it in a decision that has nothing to do with hep. What it does include is an interesting notation. This is a single judge decision so there is no precedent attached but none is needed. … Continue reading →

Posted in CAvC HCV Ruling, HCV Health, Important CAVC/COVA Ruling, Nexus Information, Tips and Tricks | Tagged , , , , , , , , | 2 Comments

DUE PROCESS FOR VETS–WHAT IT IS AND WHAT IT ISN’T

Posted on February 5, 2012 by asknod

Ever since I published the Cushman decision, I have been inundated in “what ifs” from Veterans. As in “What if they didn’t grant the hearing I asked for-is that deprivation of due process?” etc. Allow me to take a CAVC … Continue reading →

Posted in All about Veterans, Important CAVC/COVA Ruling, Tips and Tricks | Tagged , , , , | 1 Comment

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

Posted on February 3, 2012 by asknod

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

Posted on January 29, 2012 by asknod

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

ROBERTS V. SHINSEKI–A MISCARRIAGE OF JUSTICE?

Posted on January 18, 2012 by asknod

I was recently contacted by Mr. Roberts’ counsel who defended him in the actions that resulted in his loss of service connection of all his claims as well as incarceration. You may or may not have read my original write … Continue reading →

Posted in Complaints Department, Fed. Cir. & Supreme Ct., General Messages, Important CAVC/COVA Ruling, Tips and Tricks | Tagged , , , , , , | 2 Comments

CAVC– Barbaccia v. Shinseki–Duty To Assist

Posted on December 13, 2011 by asknod

It’s nice to see the Court put as much effort into a SJD memorandum decision as they do  the bigger Dog and Pony shows. Mr. John R. Barbaccia , a Veteran as well as a frequent member of the Nasty … Continue reading →

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling | Tagged , , , , , , , , , , , , , , | 8 Comments

CAVC–DRAGNET–JUST THE FACTS, MA’M

Posted on December 12, 2011 by asknod

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

Plausible? See Stegman v. Derwinski (1992)

Posted on October 27, 2011 by asknod

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 →

Posted in General Messages, Important CAVC/COVA Ruling, Jetgun BvA Decisions, Nexus Information, Tips and Tricks, Uncategorized, Veterans Law | Tagged , , , , , , | Leave a comment

CAVC– Ledford v. Derwinski (1992)– Why we can file for HCV

Posted on October 22, 2011 by asknod

Veterans have asked me over time why we have a path to HCV when we legitimately didn’t have symptoms of it in service. 38 CFR 3.303 is the path most take for diseases or injuries that were documented in service. … Continue reading →

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling, Tips and Tricks | Tagged , , , , , , , , , , | Leave a comment

BVA– SP-SP-SPECULATIVE, YOUR HONOR!

Posted on October 20, 2011 by asknod

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