Remand delay

[Ricky.peterson2]

May the 6th the cavc remanded my claim back to bva. Yesterday bva remanded it back to regional for fixing overlooked expert dr evidence. .. question... is this another long process.. also I file a hardship a week ago and they quickly made the decision to remand.. does this hardship still apply? 

[broncovet]

Six remands?   This is a great example of "what is broken" with Va.  I thought mine was bad being on the 4th remand.  

And, I even "won" after the first 3 were remanded.  Two of those remands even resulted in Retro.  

My defination of remand:

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A remand means that you get to move from VA hamster wheel number one, to hamster wheel number 2.  Of course, there can be no assurance that hamster wheel number 2 is any better than hamster wheel number 1.  Further, hamster wheel number 2, can lead to hamster wheel number 3, hamster wheel 3 can lead to hamster wheel 4, and so on, ad infinatum until the Veteran and his heirs die, at which point the claim dies also.  Is it any wonder VA loves remands?? The Veteran feels good for a while, and the Board, and its attorney's have an endless supply of work, all while squandering taxpayer dollars and netting the Veteran and his family 0.  

 

Edited September 25, 2019 by broncovet

[broncovet]

Now, to answer your question, the court requires VA give remands "expiditious treatment".  

Now, for VA's defination of expiditious treatement of remands:

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Expiditous treatment depends on whether you are a Veteran, or a VA employee.

With VA employees, expiditious treatment of VA foulups must be completed by the following pay period.  Or Else.

With Veterans, there is a slightly different defination.  Once or twice, they (Veterans and their representatives) tried to "nail the court down" on what it means.  5 years was not long enough.  Bottom line is you should mail the VA a round tuit.  Once they get around tuit, they should process your remand in a manner consistent with the above.  

 

[broncovet]

If the delay becomes long enough, file a writ of mandamus demanding that you are given "expiditious treatment" required by VA regulations.  

[GBArmy]

Bronc, you are on a roll today!

[Oceanbound]

May the 6th. Not the 6th remand. 

Anyways the The Librarian: Quest for the Spear is a good movie to watch.

[GeekySquid]

9 hours ago, Ricky.peterson2 said:

May the 6th the cavc remanded my claim back to bva.

when did this case get originally filed? post a time line of each stage. month year action/level.

9 hours ago, Ricky.peterson2 said:

Yesterday bva remanded it back to regional for fixing overlooked expert dr evidence. .. question... is this another long process..

sadly yes. Unless you get your Senators and Congressmen involved. If you are nasty like me that would have already happened.

9 hours ago, Ricky.peterson2 said:

also I file a hardship a week ago and they quickly made the decision to remand.. does this hardship still apply? 

until your hardship, and I assume you mean financial, is fixed, it applies!!!!!!!

8 hours ago, broncovet said:

If the delay becomes long enough, file a writ of mandamus demanding that you are given "expiditious treatment" required by VA regulations.  

bronco is spot on with this. Fill out that timeline for us so we have an idea of how the VA may view the term expeditious. Filing a Writ of Mandamus is not that big a club if you have only been waiting a few years...sounds bad yes, but it is just the reality of the system.

3 minutes ago, Oceanbound said:

Anyways the The Librarian: Quest for the Spear is a good movie to watch.

I liked the whole franchise, even the tv shows.