Tag Archives: VA claims

CAVC–Mattern v. West (1999)–Holy Grail of Hepatitis Precedent

Posted on September 27, 2011 by asknod

This decision, decided in 1999, is something we have been searching for at AskNOD for quite some time. To wit, a decision on Hepatitis (and by extension, Hepatocellular Carcinoma) that set precedent. As you are aware, to set a precedent … Continue reading →

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

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 →

Posted in Complaints Department, Important CAVC/COVA Ruling | Tagged , , | 1 Comment

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 →

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

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 →

Posted in CUE, Important CAVC/COVA Ruling | Tagged , , | 2 Comments

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 →

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

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 →

Posted in Important CAVC/COVA Ruling | Tagged , , | 1 Comment

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 →

Posted in Important CAVC/COVA Ruling | Tagged , , | 2 Comments

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 →

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

CAVC —2008 Hepatitis Remand

Posted on September 27, 2011 by asknod

The CAVC only heard 13 hepatitis cases during the 2008 calender year. These were all Single Judge rulings and, as such, do not constitute precedent-setting opinions. However, they do show how any appeal you may attempt will be met. This … Continue reading →

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

BVA- Increased Rating Claim

Posted on September 26, 2011 by asknod

Here is a classic example of what happens when the gun goes off half-cocked. Nothing happens. In this case, the claim dies on the operating table for lack of merit. Had this Veteran read the Diagnostic Code in Part 4.114 … Continue reading →

Posted in BvA HCV decisions | Tagged , , | Leave a comment