Tag Archives: VA claims

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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CAVC–Harris v. Shinseki (2010)–No Evidence is Negative Evidence?

Posted on September 27, 2011 by asknod

This was a single judge decision handed down on the 17th- barely 2 weeks ago. It illustrates just how The VA can run roughshod over your “purported” evidence, ignore that which it pleases and then take a non nexus from … Continue reading →

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CAVC–Erikson v. West (2000)–Extra Bennies Bozo

Posted on September 27, 2011 by asknod

    This decision is a perfect illustrator of what occurs (or should) when the VA steps on its collective pink snake. In its rush to judgement, the AOJ and then the BVA ruled against this poor  Vet who was laid … Continue reading →

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CAVC- Cogburn v Shinseki–Implicit Denial

Posted on September 27, 2011 by asknod

     Here’s a brand new one that has some interesting facets to it. Veterans who take their appeals up to the Court should realize that they have to have something unique to present; some theory of entitlement that has … Continue reading →

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CAVC–Equitable Tolling–Serious as a Heart Attack

Posted on September 27, 2011 by asknod

Keep this in mind if you appeal an adverse decision of the BVA to the CAVC. Mr. William E. McCreary went through a hurricane (Katrina). It damaged his house and belongings. In spite of his pleas to the CAVC to accept … Continue reading →

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CAVC– Shade v. Shinseki–New and material evidence

Posted on September 27, 2011 by asknod

Every once in a blue moon, the CAVC has to rebuke the VA Secretary and his gang of BVA and VARO lackeys for getting too aggressive in their rules interpretations. Like an Attention Deficit Disordered child, the CAVC panel is … Continue reading →

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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–Barton v. Shinseki (2010)– SJD on Hep.

Posted on September 27, 2011 by asknod

This is one of those interesting reads that we love to post for you. In spite of the fact that it is a single judge ruling and has no precedence, it still is refreshing to see the judge lambaste the VLJ … Continue reading →

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