RO failuure to follow Remand order..

[RUREADY]

After waiting for my RO to summit my claim to the

Director for extra scheduler for 7 months they have to get my

records and they suppose to be digital or electronic records but it take

7 months for this and they still was not together on Thursday. After this last

email to Bob Friday my claim was move to the Directors office. I explain this

appeal is 7 years  old and all I get is lies from them and they tell you something else

I ask who is the boss you or Columbia RO. Them mother sucker call all-day Friday until

I finally answer there call my claim is in Washington now finally I got it out of the RO just to get it

back to them again. Now my claim is expeditious treatment which I thought all remands are

suppose to be. Full of crap. jmho

[broncovet]

The VA's second favorite thing, after denials, is delays.  They love them.  The longer they delay, the more money they save, because many Vets die, or just get so weak or tired, they quit.  

You have an absolute right to compliance with the remand.  

If you have documented your email to "ask Bob", if you dont get results soon, I suggest filing a writ of mandamus to compel the RO to fully comply with the remand order.  

My RO dinked around 3 years, and I finally got them to comply with the remand order after 3.5 years.  I wont do that again.  My RO said "they complied" when the remand order said they had to readjuticate TDIU, which they did not.  

We need to see more Writs filed on non compliance with remand orders.  The VA needs to know that, yes, they ignore VEtereans, they ignore congress, and they ignore the VAOIG (kangaroo court), but they should be forced to comply with their own regualtions which includes expiditious treatment of remand orders.  

File a Writ!  

[RUREADY]

broncovet, my darn attorney was suppose to file a writ in

July but instead sent a letter demanding some action on the claim

same lie they told Bob and me WE ARE gathering your records 7 months

and they are still looking for records, bull. Make me think they don't have my records

Something need to be done about this. I suppose to here something in 3-4

weeks at most so I will see. Attorney thinks e have to go back to BVA for the right

decision. Another year or two I might make it back to BVA. I be Glad when I get through

with these MF.

[broncovet]

If you are represented by an attorney, then you should take his or her advice, as your attorney knows your case MUCH MUCH more than I do.  For the CAVC to consider a Writ, the VEtran needs to "exhaust ALL OTHER means".  This includes, but is not limited to, contacting VA management and asking them to resolve the problem.  Only when VA management is repeatedly asked to fix the problem and they continue to refuse to fix it, will a Writ be indicated.  

Writs are pretty much regurarly denied.  However, even tho MY writ was also denied, my writ was "good" enough that the judge asked the Va to "respond" to my allegations.  The RO manager did just that.  

A few months later, coincidently, I got my benefits.  But the writ was denied (dismissed).  Your attorney is doing the right thing.  A premature writ will backfire...the judge wont even ask the VA to respond, because you are supposed to ask the VA to respond before that.  

The VBM talks about what "expiditious treatment" means.   I dont think the VA has decided, but I do think one Vet that waited about 3 years was not "excessive delays".  The VA "blames the backlog" and gets away with it.  The problem is, that BVA cases (and RO!) are supposed to be done in "docket number order", unless you have an advance on the docket.  Yea right..how come I am waiting 14 years, and millions of Vets have gotten benefits ahead of me???

Since you are represented, you need to wait and comply.  

If your attorney is not doing a good job, you can fire him/her.  

Mine is doing a great job, but still, its not going as fast as I like.  Its gonna move slow no matter what.  VA has two speeds....

1.  Extremely, frustatingly painfully slow.  And

2.  Stopped and doing nothing.  

[RUREADY]

all I can do now is wait. You still got a while on your claim

you got to wait on CAVC AND A REMAND is not a short journey

at least not for me but good luck with it.  Believe me if my attorney

don't see it my way or a way to  win,  he should be fired and I have

no problem doing just that. I waited 7 years I can wait another 4 weeks.  RU

[Palma114]

1 hour ago, RUREADY said:

all I can do now is wait. You still got a while on your claim

you got to wait on CAVC AND A REMAND is not a short journey

at least not for me but good luck with it.  Believe me if my attorney

don't see it my way or a way to  win,  he should be fired and I have

no problem doing just that. I waited 7 years I can wait another 4 weeks.  RU

So aren't the BVA, eventually going to send your claim back to the RO , because the RO did not adjudicated your claim as ordered in their remand to RO.

[broncovet]

Palma

   The Board does not check up on the RO to see if they complied with the remand order.  HOWEVER, this is a great idea.  Veterans should have recourse other than filing a writ.  It always points back to VA's lack of accounatbility.