We received a BVA decision dated October 28, 2005 in which the Board referenced a pending claim that the Board remanded to the New Orleans VARO in March 2001. The BVA stated:
"The United States Court of Appeals for Veterans Claims (Court) has held that a remand by the Court or the Board confers on the veteran or other claimant, as a matter of law, the right to compliance with the remand orders. The Court further held that a remand by the Court or the Board imposes upon the VA Secretary a concomitant duty to ensure compliance with the terms of the remand, either personally or as 'the head of the Department.' 38 U.S.C.A. Subsection 303 (West 1991). Additionally the Court stated that where the remand orders of the Board or the Court are not complied with, the Board itself errs in failing to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998).
In March 2001, the Board remanded the claim of entitlement to an initial rating higher than 30 percent for an organic mental syndrome secondary to a pituitary tumor in order for the RO to apply new regulations governing the rating of such disability. In its June 2003 remand, the Board noted that the issue had not yet been addressed by the RO and was not before the Board at that time. Unfortunately, the RO still has not complied with the Board's remand order. Thus, the issue is again remanded with the specific instruction to consider amended rating criteria for the veteran's psychiatric disability. The Board also notes that the June 2003 letter concerning VCAA notice did not include the issue of entitlement to a higher initial rating for organic brain syndrome."
OK, so the RO sat on its tush and did nothing for over four years. The Board has accepted responsibility for not maintaining compliance as legally bound. So what? Is there anything we can do to object to the way our "right to compliance with the remand orders" has been handled? Does anyone have any legal accountability to us?
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vaf
We received a BVA decision dated October 28, 2005 in which the Board referenced a pending claim that the Board remanded to the New Orleans VARO in March 2001. The BVA stated:
"The United States Court of Appeals for Veterans Claims (Court) has held that a remand by the Court or the Board confers on the veteran or other claimant, as a matter of law, the right to compliance with the remand orders. The Court further held that a remand by the Court or the Board imposes upon the VA Secretary a concomitant duty to ensure compliance with the terms of the remand, either personally or as 'the head of the Department.' 38 U.S.C.A. Subsection 303 (West 1991). Additionally the Court stated that where the remand orders of the Board or the Court are not complied with, the Board itself errs in failing to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998).
In March 2001, the Board remanded the claim of entitlement to an initial rating higher than 30 percent for an organic mental syndrome secondary to a pituitary tumor in order for the RO to apply new regulations governing the rating of such disability. In its June 2003 remand, the Board noted that the issue had not yet been addressed by the RO and was not before the Board at that time. Unfortunately, the RO still has not complied with the Board's remand order. Thus, the issue is again remanded with the specific instruction to consider amended rating criteria for the veteran's psychiatric disability. The Board also notes that the June 2003 letter concerning VCAA notice did not include the issue of entitlement to a higher initial rating for organic brain syndrome."
OK, so the RO sat on its tush and did nothing for over four years. The Board has accepted responsibility for not maintaining compliance as legally bound. So what? Is there anything we can do to object to the way our "right to compliance with the remand orders" has been handled? Does anyone have any legal accountability to us?
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