Amc Appeal To Waco To Dead End?

[Bevo]

The BVA remanded my dependent effective date and approved 2 new service connections as I have previously posted On October 30th. Today I got the attached letter. It makes it look like Waco is shoving it to the back of the line? This was filed is a 5 1/2 year old appeal!!! What can I do here?

[jbasser]

That seems odd as a Remand is an order by a Judge to the RO to work on a claim. These are expeditious treatment issues.

If they are doing this at only 5 per month someones head should roll.

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&cad=rja&ved=0CEwQFjAE&url=http%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart1%2Fch05%2FM21-1MRI_5_SecG.doc&ei=Dv6IUuSNJOHesATJuICIDQ&usg=AFQjCNGkI5fp1rxoLAe2ioMs2YLmRYpl5g&bvm=bv.56643336,d.cWc

[Bevo]

when a claim is remanded back to the VARO, that claim is supposed to be expedited. I can not speak for other VARO's, but I do know for a fact that the Louisville, KY VARO can only work on 5 remands a month, that's it. They are currently on February of 2011 remands.

The rationale is anything more would be taking away from the work on the backlog of claims, which is the priority right now. I've also been told that other VARO's have taken the same stance on remands. This would make me believe the reasoning a remanded claim takes so long.

Despite my panic attack earlier, this is completely contrary to my experience with remands and BVA decisions. Who told you that Louisville VARO is only working 5 remands a month.

The person helping me out contacted my VARO and they said the rater had rated it. When I called the 1-800 number the next day, they too said it had been rated and was in its final processing. According to the person I had talked to the raters got it Tuesday. They then rated it Thursday. So the people next in the process got it later. I think this fits in with what I was told that it will be done the 22nd. I would delete this thread since it was a nonsense panic in hindsight, but maybe it will help others out.

But if you have it in writing or in fact that a VARO is only processing 5 remands and is processing February 2011 remands, that needs to be brought to someone's attention. I had remands in August 2012, May 2013, and October 2013. The August one was handled and sent back to BVA in April 2013, the May was sent back in August 2013. Both required C&P exams in the process.

[Navy04]

Bevo,

You heard anything.

[jbasser]

BVA remands state this statement. Hold them to the grindstone.

This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009).

[meghp0405]

Jbasser, Sir, I know for a fact that the Louisville VARO is doing what I stated above. I am familiar with that statement, but, like I said I know fr a fact it's not happening in the Louisville and other VARO's

[63SIERRA]

claims remanded to the RO should be priority, because thats part of the reason of the backlog, its because the ROs keep GOOFING UP claims. if they werent the courts wouldnt be sending them back to them, telling them to get it right. if 40 percent of the claims get remanded back to the ROs would it not be accurate to say that they are 40 percent responsible for the back log?