Category Archives: Important CAVC/COVA Ruling

CAVC–TYRUES v SHINSEKI- PART TROIS?

Posted on August 28, 2012 by

Welcome to Larry’s ping pong game. Larry’s been playing this one since 1998. He lost here back in 2009 and took it upstairs to the 3rd Circus. They piddled around with it and got into a big diatribe about the Henderson concept … Continue reading →

Posted in CAVC/COVA Decision, Fed. Cir. & Supreme Ct., Important CAVC/COVA Ruling | Tagged , , , , , , , | Leave a comment

CAVC–CLINE v SHINSEKI–3.156(c)(2)–WELL,NOT EXACTLY

Posted on August 17, 2012 by

Have you ever been suckered into buying or selling something where you read all the fine print, filled out all the forms and jumped through the hoops? When you were finished, did you then find the “not exactly” clause? Or … Continue reading →

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

Fed. Cir.–Morris v. Shinseki–Psychiatric vs. Personality disorders

Posted on May 17, 2012 by

Here’s one that’s probably never going to be available on Kindle. Mr. Jack D.  Morris entered service July 31, 1964 and exited 2 months and 6 days later. Not exactly what you would call a commitment.  Don’t confuse this with the other … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Frivolous Filings, Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , , | 2 Comments

FED.CIR.–CADORET V. SHINSEKI–11 DAYS= SCHIZOPHRENIA

Posted on May 10, 2012 by

I know there are many of you who will eventually file claims with the vA who are reading this. I always ask Vets I help to do the mirror test. That is, look in the mirror and tell yourself that … Continue reading →

Posted in Fed. Cir. & Supreme Ct., Frivolous Filings, Important CAVC/COVA Ruling, VA BACKLOG, Veterans Law | Tagged , , , , , | 2 Comments

WRITS OF MANDAMUS–USEFUL?

Posted on May 8, 2012 by

Several times in the past year I have been queried about using a writ for extraordinary relief. The CAVC has this power and exercises it infrequently, preferring to see the VA  somehow muddle through at their snail’s pace. This is no panacea to Vets who have … Continue reading →

Posted in CAvC HCV Ruling, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , , | 2 Comments

COVA–ARCHBOLD v WEST–WHEN A F-9= A NOD

Posted on May 3, 2012 by

Imagine getting screwed by VA in 1953, filing for increase in 1990, and during the course of the claim for increase, discovering you should have had the rating all along. Poor Mr. Emerson E. Archbold. What tangled webs the vA … Continue reading →

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

COVA– EF v. DERWINSKI–HOW ABOUT A C&P?

Posted on May 3, 2012 by

Few cases are heard where a Veteran wants to retain his or her anonymity. I have  seen only two before the CAVC/COVA that were precedental. Here, I can understand the desire for not publicizing the name. Our Vet had genital … Continue reading →

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

BVA–Shoenweiss v Shinseki (2011)

Posted on April 2, 2012 by

This is one of those rare cases where you can see the CAVC ruling that started this ball rolling back to Dollar Drive for a judicial “adjustment”. We see many decisions headed up the ladder, but rarely see them descend … Continue reading →

Posted in BvA Decisions, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , , | 4 Comments

COVA– FUGERE v. DERWINSKI–M-21 SHENANIGANS

Posted on March 16, 2012 by

Oscar Fugere is not a name that rolls off the tongue gently. Regardless of that, his case represents a classic example of VA’s proclivity to take away with the left hand that which they so graciously presented to us with … Continue reading →

Posted in Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , | 3 Comments

COVA– JOLLEY v. DERWINSKI–DUE PROCESS

Posted on March 11, 2012 by

Jolley v. Derwinski is one of the early COVA decisions where the Court was appalled to find out the vicarious manner in which the VA treated its Veterans. This may have come as a surprise to the newly constituted Court, … Continue reading →

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