Tag Archives: VA claims

BVA– NO HEP= NO $

Posted on September 28, 2011 by asknod

File this one in the Idiot’s Delight box. If you are going to claim an injury in service, you must still have the injury when you file. It helps if you bring a nexus to the VSO to include with … 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

CAVC-Evans v. Shinseki (2011) Post Hoc Rationalizations-

Posted on September 28, 2011 by asknod

Once again, using literary license, we take pen to paper to illustrate the VA Secretary’s attempts to make an elephant disappear up its own asshole. He rarely succeeds when he gets to the Court and this is a fresh example. … Continue reading →

Posted in Important CAVC/COVA Ruling | 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

Deciphering a CAVC ruling — Part 1

Posted on September 28, 2011 by asknod

Oftimes a Vet will set out to defend himself before the abortion we refer to as the Veteran friendly VA adjudicatory system. He/she soon discovers the “do as I say and not as I do” nature of the system with … Continue reading →

Posted in Important CAVC/COVA Ruling, Introduction-Read these first, Tips and Tricks | Tagged , | Leave a comment

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

COVA- Caffrey v. Brown–Duty to Assist?

Posted on September 28, 2011 by asknod

When filing for Clear and Unmistakable Error (CUE), one case seems to get a lot of attention where failure in the duty to assist is claimed.  This is understandable because, like a cattle drive, VA counsel will push the Veteran … Continue reading →

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

CAVC–Garrett v.Shinseki(SJD) -Whoa! I’m a nurse.

Posted on September 28, 2011 by asknod

Have you ever stepped in dog doo? Disgusting, isn’t it? If there’s nothing to lean against and no stick or water hose handy, you’re stuck with it-literally. If you’re wearing tennis shoes with one of those really nifty positraction soles, … Continue reading →

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