Tag Archives: Help with vA Claims

COVA–Colvin v. Derwinski Nobody Here But Us Doctors

Posted on September 27, 2011 by asknod

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

Posted on September 27, 2011 by asknod

 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

Posted on September 27, 2011 by asknod

  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

Posted on September 27, 2011 by asknod

   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

Posted on September 27, 2011 by asknod

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.

Posted on September 27, 2011 by asknod

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 →

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

CAVC–Harvey v. Shinseki- ORDER (And Be Quick About It)

Posted on September 27, 2011 by asknod

     While we here at Asknod rarely involve ourselves in VA Policy, we are starting to observe a sentiment emanating down from the Court to the BVA, and, by extension, its minion, the AOJ. The Court is a deliberative body … Continue reading →

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CAVC–Mayhue v. Shinseki (2011) Attempted Horsetrading

Posted on September 27, 2011 by asknod

 This decision came out several days ago and caught our eye here at the Nod site. The findings aren’t earth shattering, but do illuminate a regulation that is now starting to get more attention.       Vets may remember that … Continue reading →

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CAVC–Buckzynski v. Shinseki (2011)–New Interpretations of 38 CFR

Posted on September 27, 2011 by asknod

 1/11/11 Hot off the presses, this was released yesterday. It is interesting and a good read , but doesn’t set any earth-shattering precedents like Groves and Vigil did. What it does do is spank the VASEC  once again for his … Continue reading →

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CAVC–Savage v. Shinseki 1/04/11–Post Hoc Rationalizations

Posted on September 27, 2011 by asknod

God,  I just love it when the Court tells the VASEC that reinterpreting the rules is not a defense for screwing Vets, nor is coming up with a new excuse after getting caught cheating: The Secretary is, of course, free … Continue reading →

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