Tag Archives: VA claims

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 →

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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–Freeman v. Shinseki 2011–Assigning Fiduciaries

Posted on September 27, 2011 by asknod

Approximately two and a half years ago, we started examining CAVC cases to see what we could potentially gain from them to help Vets. I must admit we have managed to extract some important information from them. I suspect Groves … 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–Buie (5) v. Shinseki (0) (2011)

Posted on September 27, 2011 by asknod

Now here is a case that is worthy of a panel. We are seeing more and more hilarious and comical decisions and orders handed down that are mundane and/or run of the mill. It can’t be that justice has been … Continue reading →

Posted in Important CAVC/COVA Ruling, TDIU | Tagged , , , , , , , , , , , | 9 Comments

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–ARNESON v SHINSEKI–TOO MANY JUDGES, SO LITTLE TIME

Posted on September 27, 2011 by asknod

  Meet Robert H. Arneson, a Squid Veteran of the Vietnam era.  Mr. Arneson filed for several issues in 2005.  After denial and a prolonged SOC and SSOC battle, he finally had his day at a BVA Travel Board hearing in … Continue reading →

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CAVC–Hillyard v. Shinseki- CUE it again, Sam

Posted on September 27, 2011 by asknod

Even though this decision goes against the Vet, one can hardly fault the Court or the VASEC for their logic. Joseph C. Hillyard, a peacetime Veteran, suffered a head injury that caused him some mental problems. He filed claims for … Continue reading →

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