Tag Archives: CAvC/COvA Decisions

CAVC #16-0298–THE RISE AND FALL OF ANOTHER EX. WRIT

I love the Court of Appeals for Veterans Claims (CAVC) method for Extraordinary Writs of Mandamus. Just like those fabled Chinese dry cleaners’ claims of ‘In by ten, you come get when little hand on three.’, my Ex. Writ was ‘in’ … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans | Tagged , , , , , , , , , , , , , , , , , , , | 9 Comments

Important new CAVC ruling on emergency reimbursements 38 U.S.C. § 1725

My old Marine recently received emergency treatment (LINK) at a non-VA hospital.  He is enrolled in Medicare and VA health care. We want to know who is legally obligated to pay what portion of the bills when they start rolling in … Continue reading

Posted in BvA Decisions, Call Bob, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Complaints Department, Food for thought, Guest authors, Important CAVC/COVA Ruling, Lawyering Up, non-va care, Remanded claims, Uncategorized, vA news | Tagged , , | 3 Comments

CAVC– DOBBINS V McDONALD– AB V. BROWN REDUX IN VA 9

As I love to point out, some of the best VA law is found in reversals. What better place to look than CAVC Judge (Saint) Mary Schoelen’s rulings. She seems impervious to the stares and consternation of her fellow jurists … Continue reading

Posted in 1154(b) combat presumptions, CAVC Knowledge, CAVC/COVA Decision, Earlier Effective dates, PTSD, SOCs and SSOCs, Vietnam War history | Tagged , , , , , , , , , , , , , , , , , , , | 2 Comments

COVA–MYLER V. DERWINSKI–RETAINED SHELL FRAGMENTS

During the course of the last two years, most of you know we have been helping Butch Long in his quest for his medals and a truly compensable rating commensurate with his disability picture. It hasn’t been easy. Between the … Continue reading

Posted in 1154(b) combat presumptions, Implicit denial, KP Veterans, Medical News, VA Conspiracies, VA Medical Mysteries Explained, vARO Decisions, VARO Misfeasance, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , | 9 Comments

CAVC–WILSON v McDONALD-CHANGING WATER TO WINE

As I pointed out several days ago, Mr. Billy E. Wilson’s travails at the BVA were nothing more than standard VA protocol. Distracting your “mark” by dragging in extraneous arguments and then not even addressing them is par for the … Continue reading

Posted in CAvC HCV Ruling, CAVC Knowledge, HCV Risks (documented), Medical News, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

CAVC–PARSONS vs McDONALD–I THINK I’M TURNING JAPANESE ATLEASTITHINKSO

Catchy song that. I can almost see the look on Ivor R. Parsons face when he got the hearing lollipop for 0% back in 1971. He might have even said “What about that ringie thing in my left ear? It’s … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

CAVC–BERAUD V. McDONALD–BERAUD III-SISTER MEG’S PANEL OF ONE

Having received the bitchslap from the Federal Circus, Judge Lance and Coral Wong pulled the eject handle and left Sister Meg Bartley in the cockpit to handle this do over. And well they might as Sister Meg was the lone dissenter. … Continue reading

Posted in 38 CFR § 3.156(b), Earlier Effective dates, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , , , , , , , , | 2 Comments

CAVC–SCHWARTZ v McDONALD–HORS DE COMBAT REQUIRED?

Veteran spouse Shirley L. Schwartz has the fire in her belly. Husband David fought the VA delay/deny until you die machine from 2003 to 2012- to the death. Mrs. Schwartz took his place and trusted VA to do the right … Continue reading

Posted in CAVC Knowledge, CAVC/COVA Decision, CUE, Earlier Effective dates, TDIU | Tagged , , , , , , , , , , , , , , , | 4 Comments

CAVC–SAVAGE V McDONALD–SISTER CORAL’S BEATIFICATION

We’ve been watching for a long time to see which way our esteemed new CAVC Judge, Coral Wong Pietsch, would tilt.  New judges anywhere in a panel or en banc Court environment tend to rule vaguely and somewhat neutrally, all … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Important CAVC/COVA Ruling, Nexus Information, Presumption of Soundness, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

CAVC-KINDER V. McDONALD–ACTUAL IMPROVEMENT OF FUNCTIONING IN EVERYDAY LIFE

Hoo, boy. You read that and you get the heebie jeebies thinking this is a foray into VR&E ILP Law. Sad to say, we need a good opinion on that subject and none on the horizon except mine in the BVA … Continue reading

Posted in CAVC Knowledge, CAVC/COVA Decision, Lawyering Up, Reductions in rating | Tagged , , , , , , , , , , , , , , , , , | 2 Comments