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bvalp
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Question

Short history: Service from 1974 -1994. Army

Original claim date: May 18, 2011

Decision  letter: Oct 30 2012

Appeal date:   Dec 10 2012

Remand date: July 18 2018

Examine date: Mar 2019

Arrived at AMC: Aug 2019

Any guesses as to completion date?

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I think you mean IRIS ( not ISIS) and am glad you contacted them.

Can you give us the Docket and Citation # of the BVA remand?

BVA decisions are public ( dont feel bad I almost typed pubic)🥺

and contain no names etc of the claimant.

It could give us some idea of what you can expect.

 

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No, we unfortunately do not.  The VA works in their own time and benefits can be a lengthy battle.  Some of use are approved in months, others need to go to the BVA and it stretches years.  You need to find something that you enjoy doing and stop worrying about your VA claim until you get your letter.  It is the only way to stay sane while dealing with the VA. 

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If you read the BVA "chairmans report" , he said, in 2018 the "remand time factor" was 457 days.  Yours could be longer or shorter than that.  

From the NOD, it looks like its been a little over 7 years.  As far as I know, "no where else" in our government does it take "that long."  (more than 7 years).  

 

This is what I recommend:

1.  Send an IRIS email (polite) and ask if they are "missing" any information or anything from YOU.  Sometimes VA sends letters, requesting something and we dont read them, and the requested information is never sent.  

2.  Call "Peggy" and ask the status.

3.  Ask your VSO.  (Yea, I know they dont return calls).  

4.  Contact the white house hotline. 

5.  Document all of the above, times dates, who you spoke to, what their response was, etc.  

6.  Lastly if no response on the above file a writ of mandamus to compel VA to comply with the "expiditious treatment" of your claim, that yours is a violation of 38 cfr 3.103.  

   Do you have a hardship which may permit an advance on the docket?  You know, financial hardship such as an eviction notice, foreclosure notice, etc.  Or a medical condition such as being over 75 or terminally ill?

    Sometimes, you have to shake the tree, to get enough nuts for a "pecan pie".    If I were you, I would start "shaking that tree", with what I suggested, in that order, above.  

 

 

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Thanks for advice. I have no special circumstances that would expedite the remand. Called yesterday and was told awaiting decision. Guess the wait won't be longer than it has been so far(sense of humor necessary...).

 

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Thanks broncovet, update: called Peggy back in last month and was told remand was with vsr ? has all necessary info and will go next to sro.

Sent ISIS email requesting update and location of appeal : received reply dated  03/02/2020, Your Remanded appeal with Date of Claim 7/19/2018 is currently being worked out of the Phoenix Regional office.  Your appeal is with a claims developer as we speak.

Sent ISIS another email asking why the appeal went from AMC to Phoenix : got the following reply 03/03/2020.The Board of Veteran Appeals issued a decision and remand order on July 19, 2018, which is currently Ready for Decision and assigned to the Seattle Regional Office pending review.....

Not real clear here where it is or what they mean by ready for decision....can anyone clear this up for me?

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