Tag Archives: Help with vA Claims

CAVC–Rios v. Mansfield (2007)–Presumption of Regularity

Posted on September 27, 2011 by asknod

For years we have been telling Vets to mail important correspondence to the VA by Certified Mail, Return Receipt Requested (CM3R). There is a reason for this. I have personally had more than one service officer tell me this is … Continue reading →

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CAVC– Bouton v. Peake (2008) Re: CUE

Posted on September 27, 2011 by asknod

    Here’s a decision that illustrates how CUE works. Keeping in mind that there are three ingredients needed to produce CUE, and that a manifestly different outcome would have ensued, read about Mr. John P. Bouton’s travails with VA … Continue reading →

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CAVC–Fagre v.Peake (2008)–Appeal each and every claim

Posted on September 27, 2011 by asknod

 Here’s a wonderful type of decision that the Veteran will only see cited once or twice in a lifetime. Larry D. Fagre has appealed an adverse decision of the BVA. He asks for a “reconsideration” of his case and this … Continue reading →

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CAVC & Fed. Cir.–Roberts v. Shinseki (2009) –Dumb and Greedy

Posted on September 27, 2011 by asknod

Imagine you’re very poor or horribly lazy (or both). Then spread a lot of time on your hands very liberally. What do you come up with? A Vet with a half-baked tale of PTSD. Meet Mr. Keith A. Roberts, a … Continue reading →

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CAVC–Young v. Shinseki –Hold the phone- we’re not finished here.

Posted on September 27, 2011 by asknod

Last year while I was in the VA hospital lying around  watching myself die (for a whole year), I missed out on many decisions handed down by the Court. This particular one is very interesting for a number of reasons. … Continue reading →

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CAVC– Macklem v. Shinseki– Leroy Macklem, Come on down!

Posted on September 27, 2011 by asknod

Imagine having a horrible legal argument, losing it before the CAVC and still winning all the marbles. I mean ALL the marbles.That’s what we have here. Mr. Leroy Macklem doesn’t have a legal leg to stand on in his CUE … Continue reading →

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CAVC- -Breedlove v. Shinseki– Assuming the claim of deceased

Posted on September 27, 2011 by asknod

Every once in a while Congress enacts a law that affects Veterans. The laws are not always helpful but this one is priceless.  38 U.S.C. 5121A is a law enacted in 2008 that allows a spouse or other legitimate heir to … Continue reading →

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CAVC–Hamer v. Shinseki–For all the TDIU

Posted on September 27, 2011 by asknod

This is an interesting decision concerning TDIU that just came out on the 27th of July. It concerns a certain Mr. Hamer who had disabilities that rendered him virtually totally disabled in 1978, just 4 short years after his USAF service. … Continue reading →

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CAVC–Vigil v.Peake(2008) re:38 CFR § 3.156(c)

Posted on September 27, 2011 by asknod

 Most Vets have been told that they cannot reopen or revisit old claims that were unappealed. This is true-unless the VARO committed some grave procedural error and did not follow the letter of the law. Additionally, if there were files … Continue reading →

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CAVC– Vazquez-Flores v. Peake

Posted on September 27, 2011 by asknod

As mentioned in various other places on this site, are descriptions of this decision. Up to this point, Vets were afforded a minimal amount of discussion on the effects of the disease/injury on their life and a decision was rendered … Continue reading →

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