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Macklem V. Shinseki Question For Asknod
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Berta
Asknod is there any further update at all to this case?????
Like, is the veteran still hanging in there ,
because they probably hope his wife might die too.
This is intricate VA case law for all you leagle beagles here.....
and only Alex can sum it all up, the way this stuff really gets capriciously contamiated , and confused...
The CUerinos here need to read this:
https://asknod.wordpress.com/2011/09/27/cavc-macklem-v-shinseki-leroy-macklem-come-on-down/
https://asknod.wordpress.com/2012/01/11/fed-cir-shinseki-v-macklem-part-2/
Every claimant here needs to understand this
The VBM by NVLSP ,under citations within 12.6.1. and the other VACO info cites 2 invalidated fast letters, (FL 07-19 and FL 8-24)
What I still call Extraschedular consideration,which has been traditional done by VACO, has changed.
When the Fast letters were invalidated by the court, as I understand the VBM, the ROs C & P services made the 'extraschedular decision at that point....Machlem is cited in this regard in the VBM.
As of printing/publishing time of the 2014 VBM , the ROs had not implemented any scenario at all, as to what happened to VA claimants, who fell under the Fast letters above, prior to those letters being invalidated.
The biggest problem with this is,in my opinion, a VACO extraschedular favorable decision is binding on the RO.
The VACO ( VHA ,VBA) can read.
Handing 'extraschedular consideration' issues over the the C & P examiners just adds more denials to the Hamster wheel.
Edited by BertaLink to comment
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Berta
Asknod is there any further update at all to this case????? Like, is the veteran still hanging in there , because they probably hope his wife might die too. This is intricate VA case law for
Berta
THANK YOU BRONCOVET! Superb link. In part: "The Court commented on the fact that many claims adjudicators are underqualified (26% do not have college degrees, 40% have college degrees, and only 3
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