Tag Archives: Help with vA Claims

CAVC–Trusty v. Shinseki (2011)– Never Trust a VA Patient Advocate (SJD)

Here is another one of those “Can you believe this ?” decisions. It’s a Single Judge decision so we can’t use it for a precedent, but it sure does a wonderful job of illustrating what can happen to you in this … Continue reading

Posted in 1151 claims, HCV Health, Important CAVC/COVA Ruling | Tagged , , , , , , , , , , , , , , , , | 2 Comments

CAVC–Nelson v. Shinseki 2011- AWOL= No Dough (SJD)

his is another in a series of Hepatitis-related Single Judge Rulings (SJR). Veterans ask us frequently what kind of treatment they can expect to receive at the Court. This will give you an idea how respectable and forthright the Judges … Continue reading

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CAVC–Fenderson v. West – Staged Ratings

Here’s another one of those cases where you hear the term and wonder who or what it refers to and what it means where you are concerned. Before I start, look at the claim structure VA employs. There are new … Continue reading

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Fed. Cir. (Via CAVC)–Maxson v. Gober (2000)-You Waited Too Long

 When prosecuting a Hepatitis C claim against the VA, one thing pops up over and over again. That is the allegation that you didn’t manifest this disease in the service. Well, setting aside the most obvious reason that HCV doesn’t … Continue reading

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COVA–Colvin v. Derwinski Nobody Here But Us Doctors

We at Ask Nod are always searching for ways to overturn prior decisions, be it by collateral attacks (CUE) or by finding old service department records bearing on the claim. Towards that end we spent many months, indeed years, researching … Continue reading

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CAVC–Theofrastou v. Shinseki- You Have the Right To Remain Stupid

 I am including this Court decision for Vets to review. Even though it’s a Single Judge disposition, it clearly illustrates what a panel would find as well.  The Veteran is representing himself before the Court, which I wouldn’t wish on my … Continue reading

Posted in CAvC HCV Ruling, Complaints Department, Important CAVC/COVA Ruling, Jetgun BvA Decisions | Tagged , , , , , | 1 Comment

COVA– Bagby v. Derwinski (1991)–Presumption of Soundness

  Let us embark in the DeLorean and turn the clock back to April 22, 1991. A former Governor from Arkansas was putting down his marker for the 1992 Presidential primaries and the new Court of Veterans Appeals (COVA) was … Continue reading

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CAVC–Strong v. Shinseki–Shared razors–SJD

   Meet Michael J. Strong. Mike has a problem. He has hep and DM2. Sound familiar? Mike decided to fight this one and ended up at the Court. What’s interesting is Judge Hagel’s carefully reasoned thought processes for querying the … Continue reading

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CAVC–Melancon v. Shinseki (2011)– Dude, they dissed me in 91

Even though we cannot use single judge decisions from the Court for precedence, we find them extremely informational for what they contain. They are useful for Vets who choose to defend themselves as the following Vet did. This is called pro … Continue reading

Posted in CAvC HCV Ruling, CUE, Interferon claims | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–Clemons v. Shinseki (2009)–Not an M.D.

Clemons v. Shinseki is a marvelous piece of work. I’m sure Eric the clueless wasn’t entirely enthralled with the outcome, but that is neither here nor there. Bill Clemons simply reinforces Espiritu v. Derwinski from our point of reference. Mr. William … Continue reading

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