Remanded Claim From Bv

[gdsnide]

I had a claim remanded from the BVA to the RO & they told the RO to expedite the claim & if one reads between the lines the BVA more or less told them they weren't to smart.

I have submitted a lot more evidence to my claim & it is almost all from VA Docs agreeing with my claim.

So, I was wondering if the RO has any time limit to respond to the BVA

I had a claim remanded once before & the RO sit on it for about 18 months.

This was before I found HADIT so I was like a Lamb in the woods & figured this was normal procedure but at present have my doubts,

Any opinions would be greatly appreciated.

Thank U

GARY

[vaf]

In the Board remand, did the Board state anything about the VARO sending you for additional C & P examinations as part of the claim development? If so, another question would be when the VARO intends to schedule you for that, or if there's anything of that nature needed to develop the claim.

I suggest you send an inquiry via the VA website using the IRIS system, and keep those e-mails for future evidence, along with the responses. You should also try sending a certified mail inquiry in, return receipt to confirm delivery. We needed written evidence of our attempts to gain information regarding the so-called "expeditious handling" of my husband's claims when we filed a request for a writ of mandamus to the Court of Appeals for Veterans Claims. We had no recourse but to file the writ request due to a lengthy and still unresolved delay in handling a Board remand (actually four remands for the same condition over seven years, and two remands for a separate condition over three years).

Getting a writ granted is almost impossible (our request is pending the VA's reply to the Court's questions, now posed twice, regarding the status of the claim -- the VA gave some BS answer that didn't address the question the first time around, so the Judge pointed that out to them and gave them another 30 days to respond). Normally, the VA sees that a writ request has been filed, takes care of the remand, and then tells the Judge that the cause of the request has been resolved, then the Judge dismisses the writ request as moot. At least the veteran wins when the rating decision finally comes through.

As you know by now, "expeditious" is a meaningless term. The Court only gets involved when the delay is "unreasonable," and won't get involved if it's caused by the VA's workload or an "overburdened system," as the Court has ruled. It's hard in our case to argue the remand is due to the system being overburdened when there's much evidence in the Board's and Court's records that remands that are significantly newer than ours (the docket number starts with 94, which shows that the first appeal was filed in 1994) have been handled and resolved in the years between then and now.

[gdsnide]

Vickie,

No, the board didn't say anything about any C & P's.

Every Doc I see at the VA has agreed with me & signed forms to that fact that I sent in.

So, I don't see how they could send me to any C & P's as there are no more Docs to get claims from.

Guess I will wait a while & see what happens.

Thank U for your response.

GARY

[Ricky]

Gary there is really no time lines on remands. This do it fast stuff in the remand is just fluff wording.

The reason the in between the lines told the RO they were stupid is because they let you find a way to present a valid argument to their idiotic decision.

Also if the last C&P you attended was over one year ago or it ends up being over one year ago when the idiots at the RO get around to the remand then do not be surprised if they send you to another exam. Exams within the past year are considered to be up to date and if they contain the necessary evidence to rate your claim then they are used. Normally if the exam is beyond the one year period, even if they contain the medical evidence to rate the claim, they tend to want it updated.

[gdsnide]

Updating them would be no trouble at all because I have a good relatioship with all the Docs I see at the VA.

The report from a Psychologist they sent me to see (For 4.5 hours) was very recents & he said "I need A & A 24 hours a day.

Also have opinions from neuros,shrinks & my primary saying the same thing.

GARY