Tag Archives: Help with vA Claims

BVA– How not to appeal

Posted on September 28, 2011 by asknod

From the Paul Revere VA Regional Office: Open mouth, insert foot. Repeat as necessary to obtain maximum effect. Assuming this Vet was of sound mind, why did the Massachusetts Department of Veterans Services let him off the Reservation without proper … Continue reading →

Posted in Frivolous Filings | Tagged , , , | Leave a comment

BVA– Dr. VET “OPINES”

Posted on September 28, 2011 by asknod

Here is a Vet that is so sure of his claim that he doesn’t even show up for his C&P exam. This means VA can’t even give him one of their bogus “VA nexus” jobs. So they simply state that … Continue reading →

Posted in Frivolous Filings | Tagged , , , | Leave a comment

BVA-Roadmap to nowhere

Posted on September 28, 2011 by asknod

 Ladies and Gentlemen Vets, this is a classic example of a frivolous filing. This Veteran has unfortunately had some problems in the past with drugs. It is unfortunate that he suffers. I think any caring person would have sympathy for … Continue reading →

Posted in Frivolous Filings | Tagged , , , | Leave a comment

BVA– Hep A,B,C,D,E,F,G,H,IVDU,J….

Posted on September 28, 2011 by asknod

This is the first in a series of “Frivolous Filings” series. It represents what can happen when the lip box beneath the nose opens and things that sound like intelligence emanate from within. Be very careful what you say. It … Continue reading →

Posted in Frivolous Filings | Tagged , , , | Leave a comment

COVA–Espiritu v. Derwinski- No Lay Doctors

Posted on September 28, 2011 by asknod

In almost all decisions you will read, be they Court or BVA, you will run across two cases over and over again. Gilbert v. Derwinski is the most quoted, but hard on its heels is Espiritu v. Derwinski (1992). The … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , , | Leave a comment

COVA–Gilbert v. Derwinski (1990) –The Dawn of the Court

Posted on September 28, 2011 by asknod

At the dawn of time (as far as modern review of Veterans’ claims goes) pursuant to the passage of the Veterans Judicial Review Act (VJRA) of 1988, the Court Of Veterans Appeals (COVA) was created. Its stated purpose was to … Continue reading →

Posted in Important CAVC/COVA Ruling, Tips and Tricks, Vietnam War history | Tagged , , , , , , , , , , , , , , | 2 Comments

Fed. Cir. –Groves v. Peake—2008– Our Holy Grail

Posted on September 28, 2011 by asknod

This is a wonderful case of what we call “precedence”. This is the Holy Grail of Court Rulings for Hepatitis C sufferers. In order to understand this in the context of our continuing battle, substitute the phrase “Paranoid schizophrenia” from … Continue reading →

Posted in Fed. Cir. & Supreme Ct. | Tagged , , | Leave a comment

CAVC–Merczel v. Shinseki- Sorting out the Hickson Elements(SJD)

Posted on September 27, 2011 by asknod

Sweet. That’s what this decision is. It tunes in the ICU2TV and let’s us look at another example of what justice is, and isn’t, supposed to be about.  Although the decision is by a single judge and not an en banc precedent- setting … Continue reading →

Posted in BvA HCV decisions, HCV Risks (documented), Important CAVC/COVA Ruling, Jetgun BvA Decisions, Jetgun Claims evidence, Nexus Information | Tagged , , , , , , , , , , , , , , , , , , | 2 Comments

CAVC–Clark v. Shinseki -SJD–Absence of Evidence is Not Negative Evidence

Posted on September 27, 2011 by asknod

When I set out on my own to defend myself in early 2008, I did so with the idea that I couldn’t do any worse that the chuckleheads collecting a paycheck for it (my VSO). I began by starting in 1994 and reading … Continue reading →

Posted in Important CAVC/COVA Ruling | Tagged , , , | Leave a comment

Fed. Cir.– Padgett v. Shinseki Fed. Cir. (2011)–Substitution on the Claim

Posted on September 27, 2011 by asknod

We do not normally look at Federal Circuit decisions unless they involve Vets. This one is like the iceberg that the Titanic struck- and with similar results for the BVA and the CAVC. Clara Sue Padgett took over her husband’s long and … Continue reading →

Posted in Fed. Cir. & Supreme Ct. | Tagged , , | Leave a comment