Tag Archives: CAvC/COvA Decisions

CAVC–KYHN v. SHINSEKI–NO ADDITIONS TO THE RBA

Posted on October 25, 2013 by asknod

We have rules we live by. We have rules for appealing. We cannot modify the rules to “fix” what we forget in a judicial forum. If we appeal to a higher tribunal at the VA, we are allowed to add … Continue reading →

Posted in CAVC Knowledge, CAVC ruling, Presumption of Regularity | Tagged , , , , , , , , , , , | 2 Comments

CAVC–WILSON V. SHINSEKI–SIGN HERE, HERE AND HERE

Posted on September 28, 2013 by asknod

I always troll the CAVC decisions site and look for these. The key word is “reversal.” If you see that, you know it’s going to be brutal. Most of them contain a “The Secretary seems to think that…” and concludes … Continue reading →

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

BVA–WHEREVER THE EVIDENCE TAKES US, BUBBA.

Posted on July 18, 2013 by asknod

Used to be a time when you couldn’t do this (develop negative evidence). Oh, the times they are a changin’. Guess we know where this one is heading.   Further, with respect to risk factors, the VA examiner must consider … Continue reading →

Posted in BvA HCV decisions, HCV Risks (documented), vA news | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

FED. CIRCUS–RIZZO v. SHINSEKI (2009)–CHECK THE DOCTOR STAT

Posted on July 15, 2013 by asknod

From member Eric, I am reminded that this is a seminal decision that any Vet who aspires to run with the VA Bulls should read. It’s message is simple. Who is the doctor telling the BVA Veterans Law Judge that … Continue reading →

Posted in CAVC Knowledge, CAVC ruling | Tagged , , , , , , , , , , | 4 Comments

CAVC– FAUST V. WEST–A FAUSTIAN BARGAIN

Posted on July 14, 2013 by asknod

I have been receiving quite a bit of mail regarding VA reducing some of your ratings out there on the fruited plain. It seems that in spite of the major backlog in claims, VA has taken it upon themselves (and … Continue reading →

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

PIRKL V. SHINSEKI–CUE COMPOUNDED WITH INTEREST

Posted on June 16, 2013 by asknod

CUE (Clear and Unmistakable Error) claims intrigue me and always have. They are an example of a rare win-usually much later after a failure to appeal. CUE is one of two ways to overturn a prior decision and rarely succeeds. … Continue reading →

Posted in CUE, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , | 1 Comment

CAVC–BERAUD v. SHINSEKI–MEG BARTLEY TO THE RESCUE

Posted on May 16, 2013 by asknod

Rarely in the history of the Court of Veterans Appeals do we see a decision announced and published on a Thursday revoked the following Monday. This implies an inept process with few, if any, procedural safeguards to protect the litigant. This is … Continue reading →

Posted in 38 CFR § 3.156(b), CAVC ruling | Tagged , , , , , , , , , , , , | 4 Comments

FED. CIRCUIT– KYHN v. SHINSEKI–DO AS I SAY-NOT AS I DO

Posted on May 6, 2013 by asknod

Ever since the inception of the Court of Appeals for Veterans Claims ( CAVC-formerly the Court of Veterans Appeals or COVA), it has been an inviolate precept that the record is closed after a Board Of Veterans Appeals (BVA) decision. … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Uncategorized, Veterans Law | Tagged , , , , , , , , , , , | 2 Comments

GREEN vs. SHINSEKI–IT AIN’T ON “THE LIST”

Posted on April 12, 2013 by asknod

For years we Vietnam Vets have been spanked on different cancers that were not on the list of approved Agent Orange diseases [38 CFR § 3.309(e)]. You could come down with it but somehow it always wasn’t on the magic list. … Continue reading →

Posted in AO, CAVC Knowledge, CAVC ruling | Tagged , , , , , , , , , , , | 2 Comments

CAVC–SPENCER v. SHINSEKI– PRO SE REVERSAL

Posted on March 31, 2013 by asknod

As I mentioned several days ago, spotting a reversal at the Court is always a good yarn to read. Edna C. Spencer’s reads like a professionally written novel. This crusty old lady is nothing if not thorough in pursuing this. … Continue reading →

Posted in CAVC ruling, Veterans Law | Tagged , , , , , , , , , | 4 Comments