Tag Archives: CAvC/COvA Decisions

SMC-S–ATTEMPTING TO CUE OLD TDIU DECISIONS

Posted on August 16, 2014 by asknod

I was contacted by a Vet seeking to readjudicate an old award pre-Bradley that entailed the same or similar circumstances. To review, Bradley was awarded TDIU for one, single disability as the predicate for the total disability rating. Nevertheless, he … Continue reading →

Posted in SMC | Tagged , , , , , , , , , , , , , , , | 8 Comments

CAVC–BALLARD V GIBSON–BACK TO SCHOOL ON INFORMAL CLAIMS

Posted on August 5, 2014 by asknod

Reversals are like high-Greek drama compared to vacaturs  and set asides for remand to rehang the Vet. They always invoke the ‘aha’ moment where the Judge points to that fatal flaw of law and says “You can get away with … Continue reading →

Posted in CAVC ruling, Informal Claims | Tagged , , , , , , , , , , , , , , | 1 Comment

CAVC-SHELTON V. SHINSEKI–THE GOSPEL ACCORDING TO ST. BARTLEY

Posted on June 8, 2014 by asknod

I have crowed long and loud about Meg Bartley’s ascension to the CAVC throne with good cause. Her prior record working on the Veterans Benefits Manual ( Lexis Nexis VBM), as well as her staunch support of Veterans before the … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Implicit denial, Informal Claims | Tagged , , , , , , , , , , , , , , | 2 Comments

CAVC–MURPHY V. SHINSEKI-MURPHY’S LAW STILL REIGNS

Posted on April 15, 2014 by asknod

I often wonder if the original Mr. Murphy ever considered his future enshrinement in the Hall of Giants when he began compiling his laws. I wonder if there was one that covered this sorry mess. Some of us struggle to … Continue reading →

Posted in CAVC ruling, CAVC/COVA Decision | Tagged , , , , , , , , , , , , | 3 Comments

CAVC–PEOPLES V. SHINSEKI–“DEXEDRINE? SORRY, WE DON’T SEE IT”

Posted on March 4, 2014 by asknod

Once again we venture into reversal land at the CAVC. This is my pet subject. It allows us to minutely examine BVA jurisprudence and see where they saddled up the horse called Illogical and rode out onto the fruited plain … Continue reading →

Posted in C-Files and RBAs, CAVC ruling, Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , , , , , , , , , , | Leave a comment

CAVC–MAUGHAN V. SHINSEKI–ANY OLD DOC THAT YOU THINK WILL DO

Posted on March 4, 2014 by asknod

The following case illustrates what a lot of you who file for HCV are encountering. It also exhibits a large amount of chutzpah on the VA’s and the BVA’s part about what they think constitutes justice. Many of us wait … Continue reading →

Posted in CAVC ruling, IMOs/IMEs | Tagged , , , , , , , , , , , , | 2 Comments

CAVC–MEKUS V. SHINSEKI–IDLE HANDS ARE THE DEVIL’S WORKSHOP

Posted on February 13, 2014 by asknod

Given that there’s a backlog that would reach from Seattle to Honolulu if all the Vets lined up, you would wonder how on earth anyone would have to time to pick and dig and come up with this idiotic CUE. … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CUE | Tagged , , , , , , , , , , , , , , | Leave a comment

FED. CIR.–DIXON V. SHINSEKI–WE AIN’T OBLIGATED TO HELP YOU

Posted on February 6, 2014 by asknod

Every once in a while, we get another piece of justice that preserves our sanity and rebuts the idea that we’re pissing into the wind. Veterans law, while touted to be the most lenient, and notably tilted in favor of … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, Equitable tolling, Veterans Law | Tagged , , , , , , , , , , , , | 1 Comment

CAVC–WALTHERS V. SHINSEKI–INFORMAL WITHDRAWALS

Posted on January 18, 2014 by asknod

I don’t know how many times I get emails from guys asking what will happen  if they file for the DM2 they’ve had since the first Interferon merrygoround. The universal worry seems to be an ominous feeling of instant retribution … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Tips and Tricks | Tagged , , , , , , , , , , , , , | 1 Comment

National Veterans Law Moot Court Competition (NVLMCC)

Posted on October 26, 2013 by Laura

Pro se veterans might find this competition interesting. Hosts: THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS BAR ASSOCIATION THE GEORGE WASHINGTON LAW SCHOOL THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS Using cases that look real, and with “dummy” … Continue reading →

Posted in Guest authors, VA Health Care, Veterans Law | Tagged , , , , , , , , , , , | 3 Comments