How long for an expedited single judge decision from the CAVC?

[Disciple]

Does anyone know from experience how long it will take to get a single judge decision (with expedited status) from the CAVC?  Thank you in advance!

[Berta]

If you go to https://www.uscourts.cavc.gov/recent_decisions.php

some of those decisions are from a single judge-

when the docket info comes up you will see how long it took to get from the BVA to the CAVC.

For example :
Case Number:17-3498
Docketed: 10/02/2017
Grover Martin v. Robert L. Wilkie

Appeal From: Department of Veteran Affairs

Fee Status: dfh

“DAVIS, Chief Judge: Self-represented U.S. Army veteran Grover Martin appeals a September 27, 2017, Board of Veterans' Appeals decision that denied a motion to revise an October 19, 2016, Board decision on the basis of clear and unmistakable error (CUE). Because the Court holds that Mr. Martin filed a motion for reconsideration rather than revision on the basis of CUE, the Court will set aside the September 2017 Board decision and remand the matter for the Board to consider the motion for reconsideration of the October 2016 decision. “

This seem to be a single judge decision. The veteran got a remand back to the BVA- far better than a denial. But the remand will add more time to the case.
All of this veteran's court filings were handwritten.
So the time limit for this one was from Oct 19,2016 (BVA decision)  and decided on at the CAVC “within the last 3 days.”

https://www.uscourts.cavc.gov/recent_decisions.php
It is only a general timeline- a little less than 2 years from BVA to CAVC BUT back to the BVA and the timeline is only specific to this case, and if you go to the other recent cases there you might get a better idea.

CAVC relies on all established evidence- the petitioner cannot add new evidence...however upon remand they might well need to.

 

 

 

Edited August 1, 2018 by Berta

[Disciple]

Thanks Berta...my attorney guessed 10-12 months but Chris Attig (another vet atty) says 4-6 months or less so I decided to see if there was any vet on here that actually went through it personally (as expedited) that could dispel the discrepancy in time frames.  I do realize that the docket length is ever changing but just was curious to see about a more accurate estimate.

[Gastone]

The Lawyers are within +/- 12 months, either way, be confident the Judge's  "legal" Decision is going to take not a minute longer than is necessary to be sure all the Legal I's and T's are dotted and crossed. VA Sr Judges don't look forward to a CAVC  Judge/Judges overturning their Decision.

[broncovet]

I have been to the CAVC 4 trips so far.  They (CAVC decisions) are, by far, the fastest among BVA, and VARO.  

There is variations at the cavc.  For example, one or more attorneys may ask for an extension of time, and it is usually granted.  

There is a "high probabability" that the attorney's who represent VA "may"" offer your attorney a JMR (joint motion for remand).  If this happens you can be in and out of the CAVC in as little as 2 months.  But, then the Board will have to comply with the remand order, and the VARO will have to implement the Board decision.  

When the VA attorney's declined, suprisingly, to offer me a JMR, my attorney said it will be 6 months or so.  There are hearings, briefings, and the judge issues a decision unless the parties can agree, which happens rather often.