Tag Archives: Help with vA Claims

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

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

Posted on September 27, 2011 by asknod

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)

Posted on September 27, 2011 by asknod

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 →

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

CAVC–Fenderson v. West – Staged Ratings

Posted on September 27, 2011 by asknod

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 →

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

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

Posted on September 27, 2011 by asknod

 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 →

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