Expeditious Manner-how Does One Equate The Timeline Here?

[halos2]

Just how long do they wait?

How long have vets here waited for a decision once remanded back to VARO?

What decisions were made here: favorable ot not?

What geographical locations were these made in?

Wonder how many have died waiting too?

Ponder these and answer if you are able to. Thanks ;)

[Jamezam]

My fellow Veterans, for what it is worth, here is some information about BVA decisions, remands, and the VA's ideas of "expeditious". 

Remanded appeals are among the oldest cases and must be worked on a priority basis.  PL 103-446, Veterans Benefits Improvement Act of 1994, mandates that remanded appeals be given special attention and expeditious processing.

Harvey v. Shinseki, Jan 25, 2011, 24 Vet.App. 284 The Court found that the VA Secretary’s failure to expeditiously handle (the veteran [did not] receive a final answer on his remand until two years after the issuance of the Court’s decision) its June 10, 2008, remand order, as required by 38 U.S.C. § 5109B and 7112, met all elements necessary for him to be held in civil contempt.  Having found contempt, the Court sanctioned the Secretary and ordered him to pay reasonable attorney fees.

[vetquest]

Halos2, veterans did band together after WWI and marched on Washington and then made an encampment until their grievances were heard.  Lt. Douglas MacArthur met them with machine guns.

[carlie]

Just how long do they wait?

How long have vets here waited for a decision once remanded back to VARO?

What decisions were made here: favorable ot not?

What geographical locations were these made in?

Wonder how many have died waiting too?

Ponder these and answer if you are able to. Thanks ;)

Expeditious ~ ~ ha~ha~ha . . . lol~ it just puts us into another line.

I am referring to Florida.

carlie

[pacmanx1]

warms.vba.va.gov/admin21/m21_1/mr/part1/ch05/ch05_secg.doc

Remanded Appeals

Introduction This topic contains information on remanded appeals, including

· the definition of a remanded appeal, and

· the expeditious processing of remanded appeals

· who is responsible for timely processing, and

· processing the remanded appeal.

Change Date August 4, 2009

a. Definition: Remanded Appeal A remanded appeal is an appeal that has been returned by BVA to the RO for

· development of additional evidence

· due process, or

· reconsideration of issues.

Remanded appeals are among the oldest cases and must be worked on a priority basis.

b. Expeditious Processing of Remanded Appeals Public Law (PL) 103-446, Veterans Benefits Improvement Act of 1994, mandates that remanded appeals be given special attention and expeditious processing.

c. Who is Responsible for Timely Processing</H5>The VACOLS coordinator and Veterans Service Center (VSC) management are responsible for close control and timely processing of BVA remanded appeals.

Continued on next page 34. Remanded Appeals, Continued

d. Processing the Remanded Appeal Upon receipt of a BVA remanded appeal the

· mailroom stamps the top of the document to show the date received

· claims folder is delivered to the Decision Review Officer (DRO), Veterans Service Center Manager (VSCM), or his/her designee on the same day, and

· DRO, VSCM, or his/her designee ensures that

- the top document shows the date received

- review and development of the remand are initiated within 15 days from the date of receipt, and

- VACOLS is updated within seven days. Note: Use of end product (EP)170 to control the remand is optional.)

Upon receipt of the requested evidence or after a reasonable effort to obtain evidence, the DRO or designee

· prepares a new decision or supplemental statement of the case (SSOC), and

· returns the case to BVA after expiration of the 30-day response period.

Edited June 2, 2010 by pacmanx1

[broncovet]

Ok. You saw the regulation posted defining "expeditious". Now, I will "unspin" that defination:

Expiditious: def. With a 1,000,000 claim backlog this means your claim will be placed QUICKLY on the hamster wheel, going nowhere as fast as possible, being passed from the VARO (bounced back and forth between the AOJ and any farmed out Regional offices) , to the DRO, to the AMC, and to the BVA, round and round she goes, where she stops nobody knows.

In exceptional cases, the hamster wheel will add the CAVC to the "appeals team hamster wheel", and maybe the Federal courts also. Add in any possible "Writs of Mandamus" plus doses of shredded evidence, and "expeditious treatment" means however long the VA wants but usually in the 5-10 year range to get it finally settled.

I have waited 8 years, and am still waiting.

Edited June 3, 2010 by broncovet

[Pete53]

The VA says things it does not mean. How can expedite means months even years?