Bva Remands

[Dennis]

The language below was copied from a BVA decision that pretty much scolds the VARO for not complying with the terms of a previous remand.

My question is what remedy is available to the veteran when the VARO fails to comply with remand orders? Can anything be done or is this just so much fluff?

A remand by the Board confers on an appellant the right to VA

compliance with the terms of the remand order and imposes on

the Secretary a concomitant duty to ensure compliance with

those terms. See Stegall v. West, 11 Vet. App. 268, 271

(1998) (holding that "where . . . the remand orders of the

Board . . . are not complied with, the Board itself errs in

failing to insure compliance).

Dennis

[Ricky]

In my experience, BVA language/rulings are binding maybe on little green men from mars as is that issued by the court of veterans appeals. As far as remands go, the BVA could threaten to travel to the RO and beat everyone there with a dirty stick and still no one cares. It is all a farce as not even the U.S. Code is binding on the Sec of VA or any other VA employee for that matter. Yes I know it is a sad state of affairs but that is simply the truth of it. Hang in there and maybe you will finally get a good one at the BVA and will prevail in your claim. Until such a time it is a pity, but you will just have to play the waiting game. jmho

[Berta]

Dennis -I too filed a Mandamus writ like Terry a decade ago-

Writs of Mandamus are 99% of the time denied- however if the RO gets a copy of the writ they might react to it-

I have prepared one I am filing in February after one more attempt to get a decision on one of my claims-not the main claim-they call it my Bonny V Principi claim

as-by Feb it will have been at the RO for 4 years- without ay decision whatsoever.

Read this recent Mandamus writ carefully-

http://www.vetapp.gov/documents/Full_Court...udo_06-2762.pdf

The court just granted it-on January 9th, 2007.

It appears right on the new home page of the CAVC.

Ribaudo V Nickolson.

You must have justification for the writ-

a very lengthy delay and attempts you made to stave off a writ.

You can send evidence.

With my writ I will attach the following evidence:

I have 2 letters from the RO promising me a decision on my specific claim.

I have letter from the General COunsel WAshington, saying they could not act on the claim as the RO still had jurisdiction.

I have 800# info that this claim not ,onger appears on their PCs.

I have my own statement that this claim should have been refered to VA counsel long ago as it involves a legal issue yet the VA failed to send it to counsel and does not have the jurisdiction to deny it themselves.( such as the Bonny decision itself (CAVC 2003) which involved a legal issue itself )

The CAVC has the writ format and it must be followed and your argument should state all that you yourself have done to get them to honor the remand.

In my opinion a BVA remand that states what the BVA wants done-

shoud be followed and fulfilled by the veteran as best as they can ,by supplying what they can that the remand requests- to the VARO ---referring to the Remand Request---and the veteran should not depend on the RO to fulfill all parts of the remand.

[Pete53]

The BVA remand is best for the citing of VA Language. I used 2 BVA remands to help me word my Notice of Disagreement and the RO In Waco told me I had one of the best appeals he ever saw. I cut and paste the BVA reasoning for granting claims to Veterans who had panic attacks.