Va Court Cases Review Update

[tssnave]

Before August creeps into September, I wanted to post the link for the July court cases review that a VA lawyer posts on the web. I've posted his site before but the faces change here a lot so here it is again. I think this is a great public service by this guy and if you haven't looked at his archives before you may want to check them out, especially if you are preparing an appeal and need relevant court cases to cite in your NOD.

http://wvajustice.com/?m=200907

Thanks,

TS Snave

Edited August 8, 2009 by tssnave

[sharon]

Thank you! Now that you have started this your must keep it up. <_<

[Berta]

Rich Cohen also was my guest at SVR radio and I sure need to get him back on-

He is also Executive Director of NOVA-National Organization of Veterans Advocates and has given testimony to the H VAC.

A fabulous advocate- and this is always a good read as to these recent cases.

Also the NOVA site has a list of legal practitioners who practice before the VA and represent veterans.

[tssnave]

Sharon - Will do! Please check you hadit email.

Berta - I have always appreciated this guy's site because he posts his analysis for free. While it is certainly not as extensive as The Veterans Advocate newsletter, if you happen to have an issue with the VA that he covers it can make or break a claim.

Thanks,

TS

[Pete53]

Sweet thanks for the up.

If I was filing a claim today I would include this

The Court went on the say that the phrase “all disabilities of record” would be sufficient if “selected records are submitted to support the claim and they clearly discuss disabilities or specific symptoms other than those listed on the application”

[deltaj]

Before August creeps into September, I wanted to post the link for the July court cases review that a VA lawyer posts on the web. I've posted his site before but the faces change here a lot so here it is again. I think this is a great public service by this guy and if you haven't looked at his archives before you may want to check them out, especially if you are preparing an appeal and need relevant court cases to cite in your NOD.

http://wvajustice.com/?m=200907

Thanks,

TS Snave

This newsletter is very interesting and there are many interesting cases mentioned in the archives of the newsletter. Thank you for posting this link.

[broncovet]

Those July cases remind us: If you have multiple pending claims, and you get a denial on one, the others are "secretly denied" (what the court calls "deemed denied") and the clock starts ticking on a one year time limit on appeal.

Where are our legislators? Why cant we introduce and pass legislation that the VA has to give a Veteran a decision on his claim? Secret denials dont count..the Veteran is entiltled to a decision on his claim and also reasons and basis for its denial.

This would be akin to a court putting a person in jail, and then never charging him with a crime, then later determining since he was found guilty of a lesser offense, he was

"deemed guilty" of the second offense because he did not appeal a conviction to which he was never charged.

So much for the "favor the Veteran" rule.