Granted. Remanded, Retro? Oh my!

[SecurityForces03]

All I can do is laugh at this point. I suppose I am happy with the positive part, but the second half is being remanded to AMC.

The remanded appeal has been there since December 2015 (AMC), does anyone have any contact info for AMC? All I can find is a fax number. 

I am trying to find out where my retro pay is, new percentage change, and what's going on with the other half of my appeal.

Thanks all,

SF03

[broncovet]

The RO is required to give "expiditious treatment" to BVA decisions.  It says so right on the BVA decision, usually.  Of course, the RO ignores this.  

Five months is long enough to start making a stink about the RO "failure to implement a Board Remand", even tho it took my RO 3 years to implement my remand, and only then after I emailed Allison Hickey, and multiple emails to MY RO director.  

He finally expidited it, and sent me the required SOC (denial).  

So, I did get the "old" BVA docket number, so the Board decision "only" took a year or so.   (According to the BVA chairman report, BVA decision's are about 3to 4 years, after the Veteran files a NOD).  Im not sure if Board remands "automatically" get the "old" docket number or a new docket number.  BVA is required to adjuticate in docket number order, unless an advance on the docket has been granted for hardship such as homelessness or if you are over 75.  

Of course, the BOard denied me again, and I hired an attorney and am at the CAVC now.   

Its too early to do the radical step of filing a Writ of Mandamus compelling the RO to implement the Board decision.  

I had intended to do just that (file a writ) after about 2.5 years, but, before I filed the writ, my Board remand was completed (denied again).  

I think if the RO does not implement your board decision within a year, you should consider filing a Writ.  

Filing a Writ worked for both Alex and myself.  Oh, yea, both of our writs were denied, but it shines a negative light on your RO to jerk you around THAT much and the RO almost always complies.  You see, the CAVC decisions are public (mostly) and the judge usually orders the RO to "respond" to the VEterans complaint.  Often their response is something like this:

"Gee, your honor, what a coincidence!   We just completed that Veterans board implementation today.  We are really sorry it took 3 years, but isnt that backlog awful?    By the way, say Hi to your wife and tell her we will pick up her kids early this afternoon for baseball practice"