Tag Archives: Help with vA Claims

WRITS OF MANDAMUS–USEFUL?

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

Nine Ways to An Earlier Effective Date, Part II

A few days ago, I published an article on winning an earlier effective date, here: https://asknod.wordpress.com/2012/05/04/nine-ways-to-an-earlier-effective-date/   So here you are:  1.  You dont have a “pending claim” that your VARO forgot to adjuticate.  2.  The RO didnt lose any … Continue reading →

Posted in Complaints Department, Guest authors, Uncategorized, Veterans Law | Tagged , , , , , , , | Leave a comment

9th Fed.Circus Bails Out of VCS Controversy

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

Nine Ways to An Earlier Effective Date

   The NVLSP, through the Purple Heart, has listed at least 9 ways to win an earlier effective date, here: http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf   For those who would like a summary, I have provided my interpretation but would always suggest you thoroughly study the … Continue reading →

Posted in General Messages, Guest authors, Nexus Information, Tips and Tricks, Uncategorized, Veterans Law | Tagged , , , , , | 12 Comments

BVA–Energizer Bunny–Still Going

From the cigarette RO in N.C. This decision caught my eye for a number of reasons. When I saw  the two different Diagnostic Codes employed and the cutoff date of July 2001, I knew this Vet had been at it … Continue reading →

Posted in BvA HCV decisions, Tips and Tricks | Tagged , , , , , , , , , , , , | 2 Comments

COVA–ARCHBOLD v WEST–WHEN A F-9= A NOD

Imagine getting screwed by VA in 1953, filing for increase in 1990, and during the course of the claim for increase, discovering you should have had the rating all along. Poor Mr. Emerson E. Archbold. What tangled webs the vA … Continue reading →

Posted in CUE, Important CAVC/COVA Ruling, Uncategorized, Veterans Law | Tagged , , , , , , | Leave a comment

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

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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VARO DETROIT–THE MARCH TOWARDS 2 MILLION CLAIMS

Member Bob sent us this from the city that manufactures  Binford Tools and motor vehicles. It is a classic example of what I call divide and conquer. The Veteran has been asked to be honest. This he does. VA immediately … Continue reading →

Posted in Nexus Information, PTSD, Tips and Tricks, vARO Decisions, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , | 2 Comments

CAVC–CAVAZOS v SHINSEKI

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

VA–NO LIVER BX = NO HEP DAMAGE

VA’s VHA, the medical arm, is always learning new tricks from their big brother, the VBA. If you don’t know something and make no effort to find out about it, then it doesn’t exist. It’s plausible, but not confirmed. Likewise, … Continue reading →

Posted in General Messages, HCV Health, Medical News, vA news | Tagged , , , , , , , | 2 Comments