Tag Archives: Federal Circuit Decisions

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. CIR.- GEIB v. SHINSEKI–YOU’RE GOOD TO GO, EDDIE

So many of you come to me and pose questions about Hepatitis C that we often overlook other subjects. I have recently been helping a relative in his final assault on Mt. TDIU. The ascent is always gradual with a … 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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FED. CIR.–GARDIN v. SHINSEKI– WHO’LL BE FIRST?

Very few Vets get to have their names up in lights in perpetuity. Norman Gilbert is one and there are many more over the last twenty three years. Wayne Gardin’s decision here is an example of what sets the stage … Continue reading

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

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 , , , , , | 2 Comments

FED CIR–CHANDLER v.SHINSEKI

This decision has absolutely no bearing on HCV jurisprudence. I simply attach it here for the sole purpose of showing the readership what we have in store for us soon. At the top of the decision is the list of … Continue reading

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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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FED.CIR. Akers v. Shinseki–Informal Claims?

Much has been bandied about on the subject of informal claims over the years. The  subject became so contentious, VA was forced to amend its own definition  in 1987. I’m sure we haven’t heard the end of it. Vickie Akers will … Continue reading

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Fed. Cir–GARDIN v.SHINSEKI–PTSD DOCTORS LEGAL?

There has been much said about the legality of a closed loop for PTSD exams strictly by VHA’s finest. This would seem to be the ammo against. http://veteranclaims.wordpress.com/2010/09/20/federal-circuit-gardin-v-shinseki-no-2009-7120-usc-5125-diagnosis-of-ptsd-stressor/ I’d say the Fat Lady has yet to sing her aria.

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NOVA INC. vs. SECRETARY OF VETERANS AFFAIRS

TAKE YOUR PROTEIN PILL AND PUT YOUR HELMET ON The National Organization of Veterans Advocates et al versus Secretary of Veterans Affairs was issued yesterday. It went up on the rocks just as the Costa Concordia last week . I … Continue reading

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