Is This Good? Board Decision Is Vacated And The Matter Is Remanded For Action Consistent With This Decision.

[Jacque]

Hi, I checked my case online today and saw that it had been updated. Can anyone tell me if this is good or not? What does it mean where it says consistent

with this decision. I can also post my claim on here if needed.

This was the conclusion.

Upon consideration of the foregoing analysis, the record on appeal, and the parties' pleadings,

the July 14, 2008, Board decision is VACATED and the matter is REMANDED for action consistent

with this decision.

DATED: September 30, 2010

[Jacque]

Thanks for the reply's I have been super busy the past couple of days. I will have a chance to reply later tonight.

[Jacque]

Hi everyone, Sorry I have not been able to login and reply but I have been super busy. I check backed on the case and notice there is something new from the 22nd.

This is what is says.

JUDGMENT

The Court has issued a decision in this case. The time allowed for motions under Rule 35

of the Court's Rules of Practice and Procedure has expired.

Under Rule 36, judgment is entered this date.

Dated: October 22, 2010

I have no idea what that means? Could someone fill me in?

Thanks

[Berta]

It is difficult to know how to interpret this.Do you have an attorney handling this?

For CAVC appeals filed after April 1,2008 this is Rule 35 as to time limits: (I dont know if that time frame applies here)

"(d) Time for Motion.

(1) Clerk or single-judge action. A motion for Clerk reconsideration, a motion for single-judge reconsideration, a motion for a panel decision, or a motion for both single-judge reconsideration and a panel decision, must be filed not later than 21 days (51 days if the motion is filed by an appellant, petitioner, or representative located outside the United States, Puerto Rico, or the Virgin Islands) after the date of the Clerk's or single-judge's dispositive action. The filing of a motion for single-judge reconsideration does not toll the running of the time period set forth in the preceding sentence; thus, any motion for a panel decision that is not filed within that same time period will be untimely.

(2) Panel action. A motion for panel reconsideration, a motion for a full-Court decision, or a motion for both panel reconsideration and a full-Court decision, must be filed not later than 21 days (51 days if the motion is filed by an appellant, petitioner, or representative located outside the United States, Puerto Rico, or the Virgin Islands) after the date of the initial panel decision or order denying a motion for a panel decision. The filing of a motion for panel reconsideration does not toll the running of the time period set forth in the preceding sentence; thus, any motion for a full-Court decision that is not filed within that same time period will be untimely.

(3) Full-Court consideration in the first instance. A motion for consideration of a case by the full Court in the first instance must be filed not later than 30 days after the date on which

(A) the appellant's brief was served in an appeal or

(B) the petitioner's petition was filed in a petition for extraordinary relief.

(4) Full-Court reconsideration. A motion for reconsideration of a case decided by the full Court must be filed not later than 21 days (51 days if the motion is filed by an appellant, petitioner, or representative located outside the United States, Puerto Rico, or the Virgin Islands) after the date of the initial full-Court decision."

http://www.uscourts.cavc.gov/court_procedures/Rule35a.cfm

But your past post had this info:

"II.CONCLUSION

Upon consideration of the foregoing analysis, the record on appeal, and the parties' pleadings,

the July 14, 2008, Board decision is VACATED and the matter is REMANDED for action consistent

with this decision.

DATED: September 30, 2010

Is this regarding the same case at CAVC???? What happened at BVA after the remand?

This is Rule 36:

"Rule 36: Entry of Judgment

Print

Unless the Court orders otherwise, the judgment will be entered on the docket after the later of

(a) the date on which the time allowed in Rule 35(d)(1), (2), or (4) has expired, or

(b) the date on which the Court has denied a motion for reconsideration or has denied a motion for full-Court decision after a panel decision, if no other timely motion under Rule 35 is pending. Entry of the judgment begins the 60-day time period for any appeal to the United States Court of Appeals for the Federal Circuit."

Perhaps the CAVC web site would have a little more info if you search the cases under your name(or the veteran's name)

But maybe only show an entry of the judgement.

"The time allowed for motions under Rule 35

of the Court's Rules of Practice and Procedure has expired.

Under Rule 36, judgment is entered this date."

Were all motions sent in on time?

Does the docket sheet at the CAVC (available under name search) show dates of receipt of any further motions or correspondence to the CAVC?

[Berta]

PS =as JBasser said:

"We need to see the case. They issued an opinion and remanded to the board. This sounds a lot more promising than upheld."

We dont have enough info to understand the jump from the BVA remand to the CAVC judgement.

I think you should send the VARO an Iris and even contact the BVA ombudsman to see where this claim is now and the status of it.