CAVC

[Armymom0202]

How long does it take after you have a remand from CAVC I am just hoping it doesn't take as long as it did for the bva to get  my granted service connection.

[broncovet]

Its a good question and it has not been answered recently. My guess is you probably had an attorney at the CAVC.  What did he say as far as the remand time factor?? Interestingly, I, also, have a claim remanded from the CAVC to the BVA, so I have a dog in this fight also.  

The BVA chairman, in his report, does give a "remand time factor", and I will share that number for you, below.    

Remands are to be given "expiditous treatment", but Im not sure the courts have defined what they mean by that.  There are also more than one way you can be "advanced on the docket".  You can be advanced due to age, financial difficulties, terminal illness, AND, I understand they are supposed to "advance" claims over 10 years old.  

 

I had a remand in 2012 from the CAVC where the VA was required to consider me for a 4.16 B (TDIU claimant that does not meet the "percentage" requirements but has evidence of unemployability).  Well, the VARO "blew off" and never readjuticated this remand issue for 3 years.  I got mad.  I started writing letters and even the VARO director opined, "Well your remand has been implemented".  I pointed it was not, as I never received a 4.16b decision on the tdiu issue, as required by the remand.  The implementation decision was not in compliance with the remand order.  
I threatened a writ of mandamus to compel the VARO to be in compliance with the remand order, and they knew I meant it as I have filed writs in the past.  So, sure enough, the VARO director denied my tdiu 4.16 b claim, and I appealed it.  I won on a board appeal (appealing the VARO denial) in 2017, so it took VA 5 years to implement the decision.  

However, I have had other remands, and all of those were implemented within 6 months or less, so dont think it will take you 5 years.  

Now, I promised a number based on the Chairmans report:  https://www.bva.va.gov/Chairman_Annual_Rpts.asp

In 2018, the chairman says the "average remand factor" (and lists it the responsibility of the AOJ) is 467 days.  (see page  25 of the 2018 chairmans report).  

However, since the 2018 report was published the BVA chairman has bragged they are doing a record number of decisions, and have vastly reduced the backlog.  I say "we shall see".  

AMA has changed things.  Gone is the SOC and VARO "certifying" your claim to the BVA.  The VA has also promised claimants who opted in early to RAMP that they would be placed at the front of the line.   Now, a Veteran can skip DRO (now known as HLR or SCL) and proceed directly to the BVA.  Since Vets dont trust their VA, they skipped HLR and SCL en masse.  Alex reported that with the new NWQ, the regional offices who process HLR and SCL are sitting on their thumbs with nothing to do, while there is a huge number of claimants going to the BVA.  

I suggested they took the rating specialists sitting on their thumbs with no HLR's or SCL's be redirected to implementation of remands.  No body listens to me, of course, and that may even be a good thing.  

My cavc remand was in July.  Now, the CAVC has a "mandate".  I dont completely understand the "mandate", but I think it means that the BOARD has to give the Veteran 90 days to submit new and relevant evidence, should he chose to do so.  If they immediately adjuticated a board remand, without giving the Veteran an opportunity to submit new evidence, well that simply would not be fair, as a remand allows the Veteran to submit new evidence to substantiate his claim.  

I got an IMO and it took me actually longer than the 90 day mandate (its not easy to decide on an IMO, find one, get it done, and get the report to BVA in 90 days or less).  However, BVA accepted my IMO anyway, even tho it was past the 90 days.  I think the mandate says the board must give the Veteran "at least" 90 days, it does not mean the Veteran can not submit an IMO at 100 days.  However, if the Vet takes more than 90 days, then he takes the chance the board could have already implemented the CAVC remand without his new evidence.  

Yes, I gave a long winded answer, because I felt you MAY want to know these details.  Or, you can just read the 467 day average.  I think its less than that now.  Maybe even half of that or less.  
"

Edited December 18, 2019 by broncovet

[ShrekTheTank]

There is no set time frame, only from what I understand it is shorter than the BVA.  More like a year or two at max

[Armymom0202]

1 hour ago, broncovet said:

Its a good question and it has not been answered recently. My guess is you probably had an attorney at the CAVC.  What did he say as far as the remand time factor?? Interestingly, I, also, have a claim remanded from the CAVC to the BVA, so I have a dog in this fight also.  

The BVA chairman, in his report, does give a "remand time factor", and I will share that number for you, below.    

Remands are to be given "expiditous treatment", but Im not sure the courts have defined what they mean by that.  There are also more than one way you can be "advanced on the docket".  You can be advanced due to age, financial difficulties, terminal illness, AND, I understand they are supposed to "advance" claims over 10 years old.  

 

I had a remand in 2012 from the CAVC where the VA was required to consider me for a 4.16 B (TDIU claimant that does not meet the "percentage" requirements but has evidence of unemployability).  Well, the VARO "blew off" and never readjuticated this remand issue for 3 years.  I got mad.  I started writing letters and even the VARO director opined, "Well your remand has been implemented".  I pointed it was not, as I never received a 4.16b decision on the tdiu issue, as required by the remand.  The implementation decision was not in compliance with the remand order.  
I threatened a writ of mandamus to compel the VARO to be in compliance with the remand order, and they knew I meant it as I have filed writs in the past.  So, sure enough, the VARO director denied my tdiu 4.16 b claim, and I appealed it.  I won on a board appeal (appealing the VARO denial) in 2017, so it took VA 5 years to implement the decision.  

However, I have had other remands, and all of those were implemented within 6 months or less, so dont think it will take you 5 years.  

Now, I promised a number based on the Chairmans report:  https://www.bva.va.gov/Chairman_Annual_Rpts.asp

In 2018, the chairman says the "average remand factor" (and lists it the responsibility of the AOJ) is 467 days.  (see page  25 of the 2018 chairmans report).  

However, since the 2018 report was published the BVA chairman has bragged they are doing a record number of decisions, and have vastly reduced the backlog.  I say "we shall see".  

AMA has changed things.  Gone is the SOC and VARO "certifying" your claim to the BVA.  The VA has also promised claimants who opted in early to RAMP that they would be placed at the front of the line.   Now, a Veteran can skip DRO (now known as HLR or SCL) and proceed directly to the BVA.  Since Vets dont trust their VA, they skipped HLR and SCL en masse.  Alex reported that with the new NWQ, the regional offices who process HLR and SCL are sitting on their thumbs with nothing to do, while there is a huge number of claimants going to the BVA.  

I suggested they took the rating specialists sitting on their thumbs with no HLR's or SCL's be redirected to implementation of remands.  No body listens to me, of course, and that may even be a good thing.  

My cavc remand was in July.  Now, the CAVC has a "mandate".  I dont completely understand the "mandate", but I think it means that the BOARD has to give the Veteran 90 days to submit new and relevant evidence, should he chose to do so.  If they immediately adjuticated a board remand, without giving the Veteran an opportunity to submit new evidence, well that simply would not be fair, as a remand allows the Veteran to submit new evidence to substantiate his claim.  

I got an IMO and it took me actually longer than the 90 day mandate (its not easy to decide on an IMO, find one, get it done, and get the report to BVA in 90 days or less).  However, BVA accepted my IMO anyway, even tho it was past the 90 days.  I think the mandate says the board must give the Veteran "at least" 90 days, it does not mean the Veteran can not submit an IMO at 100 days.  However, if the Vet takes more than 90 days, then he takes the chance the board could have already implemented the CAVC remand without his new evidence.  

Yes, I gave a long winded answer, because I felt you MAY want to know these details.  Or, you can just read the 467 day average.  I think its less than that now.  Maybe even half of that or less.  
"

Thank you geesh looks like I will be waiting again the only plus thing I can say it was a  joint remand that me and the va agreed that they missed crucial evidence that they messed up with that being said thank you for answering my question for me. Currently saying waiting for a VLJ to look at my case.