Tag Archives: CAvC/COvA Decisions

CAVC–TO WRIT OR NOT TO WRIT

I’m beginning to see a groundswell of disgruntled Veterans contacting me after my prolonged Extraordinary Writ series from January through March. All contain one thread-delay, denial, misconstrual. In a word, all that VA has always been famous for coming on … Continue reading

Posted in CAVC Knowledge, CAVC ruling, EAJA, Extraordinary Writs of Mandamus, Lawyering Up, Tips and Tricks, VA BACKLOG, Veterans Law | Tagged , , , , , , , , , , , , , | 4 Comments

CAVC–BOND V McDONALD–IMPLICIT DENIAL REQUIREMENTS

I’ve been waiting for a good decision-not necessarily a precedential one- that illustrates the concept of implicit denial. Judge Kasold, not my favorite Judge at the CAVC, defends this concept in his affirmation of Mr. James E. Bond’s (no relation … Continue reading

Posted in CAVC Knowledge, CAVC ruling, Implicit denial | Tagged , , , , , , , , , , , , , , , , | 8 Comments

CAVC–PHIL AND VICKI’S WIN UP AT THE BIG HOUSE

February and March have been fortuitous months for wins, apparently. I haven’t been on a roll of this magnitude in years. We began with Leigh’s win and Kelly’s was right on it’s heels. My Writ compounded it with interest and … Continue reading

Posted in CAVC ruling, Earlier Effective dates, Medical News, Remanded claims, Tips and Tricks, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–BIRTH OF A WRIT- ACT III SCENE 8-DOWN FOR DOUBLE

A short while ago in VA time, when I won my claim in June 2008, I noticed they (VA) forgot to go back to 1994. That wasn’t a deal breaker. I knew they weren’t going to pony up without a good … Continue reading

Posted in AO, BvA Decisions, C&P exams, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, Earlier Effective dates, Porphyria Cutanea Tarda, SMC, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , , | 15 Comments

CAVC–BIRTH OF A WRIT-ACT III SCENE 7–I’LL SEE YOUR ‘ME WORRY’ AND RAISE YOU 10

In a poker game, you don’t want to scare them off with a superior hand, but rather inveigle them to see you and raise yet again. We’re playing VA poker here so I want to convey the futility of further … Continue reading

Posted in CAvC HCV Ruling, CAVC Knowledge, Earlier Effective dates, Extraordinary Writs of Mandamus, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , | 8 Comments

CAVC–BIRTH OF A WRIT ACT III SCENE 6- WHAT? ME WORRY?

I have to hand it to the VA’s Office of General Counsel. With perfect aplomb, Mr. Mark M. McNabb, a mid-level supervisor/litigator for OGC, filed his notice of appearance and the Government’s response to my Writ.  Perhaps, by being mid-level, … Continue reading

Posted in CAvC HCV Ruling, CAVC Knowledge, Extraordinary Writs of Mandamus, Porphyria Cutanea Tarda, SMC, Tips and Tricks, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , , | 5 Comments

CAVC–DENNIS V. SHINSEKI–DENNIS THE MENACE GOES AWOL

Here’s one for the  HCV ammo pouch that Veterans would be wise to read. It certainly has other useful ramifications for a legal defense but the thrust is unique and needs to be iterated forcefully. Drug use is often used … Continue reading

Posted in CAvC HCV Ruling, CAVC Knowledge, CUE | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–WAGES V McDONALD–READ ‘EM AND WEEP.

In what Law dogs from NOVA Sea to Shining NVLSP Sea have hoped for years, the long-ignored  38 USC §511’s codicil about how only the Board(s) could make the final decision on an appeal from the Agency of Original Jurisdiction … Continue reading

Posted in CAVC Knowledge, TDIU, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , , , | 3 Comments

CAVC BIRTH OF A WRIT–ACT II SCENE 6-THE 30 DAY LETTER

This is what we have been waiting for with parted lips, bated breath and straining eyes for fifteen days. Obviously Judge Davis is giving the VA lots of room to maneuvre their post-hoc rationalizations into place. Much like artillery emplaced … Continue reading

Posted in CAVC Knowledge, Extraordinary Writs of Mandamus, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | 7 Comments

CAVC–WHY A WRIT CAN BACKFIRE–WE FIXED IT, YOUR HONOR.

In keeping with Writ week, I peruse the Court decisions daily for fodder to illustrate how and why your writs can go astray. Here, Ms. Rhonda Hunt is going to find out that she was granted what she asked for. … Continue reading

Posted in Extraordinary Writs of Mandamus, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | 3 Comments