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Court Update


SLEDGE

Question

This is an abbreviated copy of my court record.

sledge

It looks like something is supposed to happen on the 27th.

Check out all of the motions for extensions.

Date Explanation Received Disbursed

Date Filings and Proceedings

9/7/2006 Notice of Appeal (STYGLA) (STYGLA)

9/7/2006 Declaration of Financial Hardship (M - 9/13/2006) (GASKIA)

9/7/2006 Appearance of Kenneth M. Carpenter, Esq., for the appellant

(STYGLA)(M - 9/13/2006) (GASKIA)

9/12/2006 Fee Agreement (M - 9/7/2006) (HAYESR)

9/13/2006 Notice of Docketing for Fee agreement w/in 14 days; BVA's decision w/in 30 days; DR w/in 60 days (GASKIA)

9/14/2006 Copy of BVA Decision (STYGLA) (M - 9/14/2006) (HAYESR)

10/10/2006 Appearance of Richard Daley, Esq. as attorney for Appellee (M - 10/10/2006) (HAYESR)

11/13/2006 Mot of appellee to ext time to file DR by 12/13/06 (M - 11/13/2006) (HAYESR)

11/20/2006 Clerk's ord granting Appellee's 11/13/06 Mot until 12/13/06 (Nunc Pro Tunc to 11/13/06) (HAYESR) (HAYESR)

12/7/2006 Mot of appellee to ext time to file DR by 12/28/06 (M - 12/7/2006) (HAYESR)

12/12/2006 Clerk's ord granting Appellee's 12/7/06 Mot until 12/28/06 (HAYESR) (HAYESR)

12/28/2006 Designation of Record (STYGLA) (M - 12/28/2006) (HAYESR)

2/1/2007 Counter Designation of Record (M - 1/31/2007) (HAYESR)

3/7/2007 Mot of appellee to ext time to file record by 4/6/07 (M - 3/7/2007) (HAYESR)

3/9/2007 Clerk's ord granting Appellee's 3/7/07 Mot until 4/6/07 (Nunc Pro Tunc to 3/8/07) (HAYESR) (HAYESR)

4/6/2007 Record on Appeal (M - 4/6/2007) (HAYESR)

4/13/2007 Notice to File Brief within 60 days (HAYESR)

6/11/2007 Appellant's Brief (M - 6/8/2007) (HAYESR)

8/13/2007 Mot of appellee to ext time to file brief by 9/12/07 (M - 8/13/2007) (HAYESR)

8/16/2007 Clerk's ord granting Appellee's 8/13/07 Mot until 9/12/07 (Nunc Pro Tunc to 8/13/07) (HAYESR) (HAYESR)

9/11/2007 Mot of appellee to ext time to file brief by 9/27/07 (M - 9/11/2007) (HAYESR)

9/14/2007 Clerk's ord granting Appellee's 9/11/07 Mot until 9/27/07 (Nunc Pro Tunc to 9/12/07) (HAYESR) (HAYESR)

9/24/2007 Joint mot to stay of proceedings until 10/27/07 (Possible Jnt Resolution) (M - 9/24/2007) (HAYESR)

9/27/2007 Clerk's ord granting parties 9/24/07 Mot until 10/27/07 (HAYESR) (HAYESR)

End of Docket

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It looks like your attorney and the VA's have tentatively agreed to a joint remand. This happens when the VA agrees that errors have occurred in the handling of your claim. They consequently don't want to be on the short end of a Court remand, making this a matter of record and setting precedent. This happened in my husband's case, where the VA kept filing for motions to delay the proceedings, asking for numerous extensions, so that isn't unusual. Also, keep in mind that there's always the chance if it goes to the Court, the Court wouldn't remand the claim. A remand is a win at the Court level, they seldom award a claim. A remand, and also a joint remand, returns it to the Board, and the Board would either decide the claim or kick it back to the VARO.

In my husband's case, what happened next as part of the negotiation was to determine which of the claims from the long list involved in this appeal we were willing to drop, and which ones we insisted on pursuing, the up side of this guaranteeing my husband a remand. Your attorney's advice as to which you have a good chance of winning on and which you don't, will probably come up for discussion soon if this is, in fact, what happens to you.

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