Tag Archives: FED CIR & SCOTUS vA CASES

FED. CIR.–O’BRYAN V McDONALD- HOIST ON THEIR OWN VAOPGCPREC’S

Here’s a great decision by  those funny guys up at the Fed. Circus. Prost, Clevenger and Dyk (what a moniker!) got together for cocktails and one said “Hey, let’s take a page from Asknod and get on that Presumption of Everything … Continue reading

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FED. CIRCUS–TYRUES v. SHINSEKI– THAT’S ALL SHE WROTE

In Larry’s last episode, he was poised to make the leap, via the Henderson v. Shinseki Supreme Court decision, to overcoming the tolling of what can only be described as a bifurcated claim. Vets have one claim. One original claim. … Continue reading

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PIRKL V. SHINSEKI–CUE COMPOUNDED WITH INTEREST

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

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Judge: ” unchecked VA incompetence” is the Fault of Congress

I didn’t make it up.  The court reversed itself. http://www.military.com/news/article/judge-va-mental-health-system-requires-govt-fix.html?ESRC=eb.nl In 2008, the judges said, “The VA’s unchecked incompetence has gone on long enough; no more veterans should be compelled to agonize or perish while the government fails to perform … Continue reading

Posted in Guest authors, Gulf War Issues, PTSD, Uncategorized, VA BACKLOG, Veterans Law | Tagged , , , , , , , , , | Leave a comment

FED CIR–TYRUES V. SHINSEKI–GOING DOWN?

This is a wonderful thing. Larry G. Tyrues filed an Appeal with the Court back in 2009. Unfortunately he was a little bit late with the NOA. The Court, as is their wont on all matters tardy, declined to hear … Continue reading

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Better Not Pout, Better Not Shout

Remember the old ditty from Santa Claus is Coming to Town? Just imagine yourself in Keith Roberts’ shoes.  I posted a not so flattering summary of his first tête a tête with the VA (and the CAVC) last year based … Continue reading

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