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paulcolrain

BVA SAYS OCT 2013 CASES ONLY.. HOW DID THIS HAPPEN

Question

Citation Nr: 1623704	
Decision Date: 06/14/16    Archive Date: 06/29/16

DOCKET NO.  14-17 761	)

IN THE SEARCH DECISIONS AFTER PAGES 5 YOU CAN START TO SEE THAT 2014 DOCKET #S ARE BEING ADJUDICATED AND NOT ,, NOT,, ADVANCED ON DOCKET. BUT THERE WEBSITE SAYS OCTOBER 2013 AND THE PERSON ANSWERING SAYS OCOTBER 2013... 

THIS ISNT THE ONLY ONE.. THERE ARE A LOT THAT DO NOT SAY ADJUDICATED FOR ADVANCEMENT ...?

Edited by paulcolrain
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An “advancement” on the docket requires a Motion for Advancement to be filed and the criteria is here

https://www.law.cornell.edu/cfr/text/38/20.900

this vet got an Advancement beause their attorney filed the Motion.

 

http://vets.yuku.com/reply/929236/Motion-to-Advance-my-case-on-Docket#.WGVorBsrJhE

A Motion does not have to be fancy but state that it is a Motion for advancement due to...and then give what reason from the criteria in the 38/20.900 that applies to you.

Sometimes BVA will construe a Motion from a vet,if it is a formal request for advancement due to good cause. 

Expeditious treatment is a bird of a different feather.

We are ALL supposed to get expeditious treatment if we are on a remand.

I think I would have to be a claimant on life support to get expeditious treatment in some cases but maybe not 

I do feel my BVA remand got expeditious treatment however.

They ordered another C & P, I got a copy of it right away, and immediately knocked down what the PA had stated.The C & P was for a cardio opinion. The PA didnt have a clue.

I also ordered my 4th IMO from a forensic cardio doc if my lay medical opinion did not work, but the BVA award letter came before this doctor even prepared the IMO. I was shocked and though it was someone else's BVA decision by mistake.But it was mine.The forensic firm refunded some of the IMO fee I had already paid in full.

The veteran was dead so maybe that caused the C & P to be prepared fairly fast....they didn't have to make an appointment for him.

 

 

 

 

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i beg to differ.. i didnt see any advancement. that was my point. if you find an advancement notation here please let me know?? as far as my legal mind can remember,,, any adjudication on a motion MUST BE with the citation.

 

Edited by paulcolrain

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the point of the post was to show how the bva answering says 2013 and the bva web page says 2013.... this and many more like it are on the search page without the advancement on docket.

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There can be other reasons.  One example:

You have a 2013 docket date, and the case is remanded.  Your remand is denied, again.  You appeal the remand and, at least some of the time, you get to "keep" your old docket date and dont have to start over.  

That is what happened to me.  I had a 2009 remand.  It took the VARO 3 years to implement the remand, in 2012.  It was denied.  I appealed.  IN 2015 it was denied again.  I appealed to the CAVC which remanded it again.  I think I still have the 2009 docket date.  With a 2009 docket date, my case should get worked before 2013 dockets WITHOUT an advance on the docket.  

This is because a remand "requires expiditious treatment".  For VA "expiditious" means 8 years.  

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As attorney Chris Attig ( who is also a member here) states:

A motion for Advancement can be filed along with the 1-9, as well as filed with the BVA, if the case

has a docket number:

Also better yet per Chris Attig ::

“If your C-File has not yet been delivered to the BVA, then download the M21-1MR Section that explains the pre-file delivery process for advancement at the VA Regional Office….but basically you can request advancement the minute you file the Notice of Disagreement (NOD).

https://www.veteranslawblog.org/how-to-advance-your-va-appeal-on-the-board-of-veterans-appeals-docket/

His entire article at the link  is excellent.

I believe that M21-1MR provides for a RO to decide a Motion for Advancement ,if filed with the NOD or I-9. The link is in Attig’s article.

I searched Advance on docket 2016 at the BVA and found many advancement motions had been granted.

 

I could not tell if the AOJ RO or the BVA had granted the motion.

Unfortunately however, many of those motions that were granted, ended up being remanded back to the AOJ.

This is why claimants must try to overcome every single reason they were denied for, right from the git go, and also make sure the denial does not contain erroneous information.

They need to disagree with every sentence in the SOC that is wrong and also make sure the Evidence List did not leave out something probative.

When I came here almost 20 years ago, it was my belief that vets should do all they can to get an award at the RO level.

But I had to fight them aggressively to do that for all of my claims but one, a BVA award, was denied at the RO only because the RO would not read my IM0s and all other evidence I had sent and I sure would have handled that claim differently these days.It was a CUE ( clear violation of 38 CFR 4.6)

Maybe I misunderstood your questions as to Advancement on the Docket.

But this is good info for anyone here who should consider filing that type of Motion.

And good info at Chris Attig’s link above.

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