Tag Archives: CAvC/COvA Decisions

CAVC–SELLERS v. SHINSEKI–MACKLEM II

Posted on June 28, 2012 by asknod

This may be the best decision you’ll read in 2012. It’s a daisy. It just makes me giggle every time I go back over the analysis. It will remind you of Leroy Macklem’s high adventures in CUE land. What’s more, … Continue reading →

Posted in CAVC/COVA Decision, CUE, Veterans Law | Tagged , , , , , , , | 1 Comment

FED.CIR.–CADORET V. SHINSEKI–11 DAYS= SCHIZOPHRENIA

Posted on May 10, 2012 by asknod

I know there are many of you who will eventually file claims with the vA who are reading this. I always ask Vets I help to do the mirror test. That is, look in the mirror and tell yourself that … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Frivolous Filings, Important CAVC/COVA Ruling, VA BACKLOG, Veterans Law | Tagged , , , , , | 1 Comment

WRITS OF MANDAMUS–USEFUL?

Posted on May 8, 2012 by asknod

Several times in the past year I have been queried about using a writ for extraordinary relief. The CAVC has this power and exercises it infrequently, preferring to see the VA  somehow muddle through at their snail’s pace. This is no panacea to Vets who have … Continue reading →

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , , | 2 Comments

9th Fed.Circus Bails Out of VCS Controversy

Posted on May 7, 2012 by asknod

In an stunning display lacking intestinal fortitude, the 9th Fed. Circus, in an en banc decision, decided on narrow grounds-i.e. it wasn’t an “individual” but a group claim- to get out of this sticky wicket.  I was looking forward to seeing … Continue reading →

Posted in All about Veterans, Fed. Cir. & Supreme Ct., VA BACKLOG, vA news, Veterans Law | Tagged , , , , , , , | Leave a comment

COVA– EF v. DERWINSKI–HOW ABOUT A C&P?

Posted on May 3, 2012 by asknod

Few cases are heard where a Veteran wants to retain his or her anonymity. I have  seen only two before the CAVC/COVA that were precedental. Here, I can understand the desire for not publicizing the name. Our Vet had genital … Continue reading →

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CAVC–CAVAZOS v SHINSEKI

Posted on April 30, 2012 by asknod

These are the decisions we love and hate. We love them because its always nice to see the underdog go up against Goliath pro se. We hate it because of the inordinate time wasted pursuing something that can never be … Continue reading →

Posted in CAvC HCV Ruling, Frivolous Filings | Tagged , , , , , , , , , , , , , | 1 Comment

CAVC–MORRIS v. SHINSEKI

Posted on April 7, 2012 by asknod

I always admire Vets for going it alone. Here, Mr. Kenneth L. Morris has chosen to go all the way up the ladder to the CAVC for justice. The problem is that his grasp of law is deficient. When we assay … Continue reading →

Posted in CAvC HCV Ruling, Frivolous Filings | Tagged , , , , , , , , , | 6 Comments

BVA–Shoenweiss v Shinseki (2011)

Posted on April 2, 2012 by asknod

This is one of those rare cases where you can see the CAVC ruling that started this ball rolling back to Dollar Drive for a judicial “adjustment”. We see many decisions headed up the ladder, but rarely see them descend … Continue reading →

Posted in BvA Decisions, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , , | 4 Comments

bVA–NHL= HCV

Posted on March 23, 2012 by asknod

Whoa there, doggies. For all you guys from Michigan, back up the boat. NHL stands for Non-Hodgkin Lymphoma.  We don’t do sports or politics here. Non-Hodgkin Lymphoma Two things catch your eye about this. First,  the correlation between the two diseases … Continue reading →

Posted in BvA HCV decisions, CAvC HCV Ruling, Nexus Information, Veterans Law | Tagged , , , , , , , , | Leave a comment

COVA– FUGERE v. DERWINSKI–M-21 SHENANIGANS

Posted on March 16, 2012 by asknod

Oscar Fugere is not a name that rolls off the tongue gently. Regardless of that, his case represents a classic example of VA’s proclivity to take away with the left hand that which they so graciously presented to us with … Continue reading →

Posted in Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , | 5 Comments