Help understanding this please

[Backpay]

What does this mean? Does it mean remanded appeals are supposed to be handled as higher priority compared to new claims when they get sent back to RO from BVA?

That's in CFR 38 in case anyone wants to look it up.

5109B. Expedited treatment of remanded claims

The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans’ Appeals.

[pacmanx1]

The problem is that there are other veterans claim that also has been remanded and waiting their turn so who can actually get an expedited claim. The only way to get an expedited claim is if you are in some kind of financial hardship with documentation to prove it or have a terminally ill disorder with medical documents, other than that it is still hurry up and wait.

[Backpay]

4 minutes ago, pacmanx1 said:

The problem is that there are other veterans claim that also has been remanded and waiting their turn so who can actually get an expedited claim. The only way to get an expedited claim is if you are in some kind of financial hardship with documentation to prove it or have a terminally ill disorder with medical documents, other than that it is still hurry up and wait.

Sorry I definitely could of been more clear. In general does this mean that remanded appeals are higher priority? I understand there is a line to wait in but want to make sure I understand the basic premise of the above regulation.

[Backpay]

Long story short I have in writing from the VA that in general remanded appeals are not a higher priority than even new claims.

So what my question really boils down to is does the above quoted regulation mean that remanded appeals are supposed to be handled at a higher priority than a new claim?

[stumpy579]

It means they are supposed to expedite remands. They do not. Like any other part of the process the easiest decisions are done quickly in order to meet quotas and goals. It is known as cherry picking. They will deny it of course. My claim was remanded due to inadequate C&P 3/2019. All remand information requested was received 10/2019 and it hasn't been touched since. Why? Because again the C&P exam is a joke and the RO will have to write up a difficult SSOC and send back to BVA. Its shit work they don't like to do and takes up too much time so it sits. Also the new Ramp system needs to show big numbers so it will get priority just to give the illusion of success. Any one part of the system showing improvement will be at the expense of other parts. They do what they want when they want at the pace they want.

[Backpay]

Here is quote from IRIS in response to some of my questions where they state that they are not a higher priority.

 

"In general, expeditiously means with speed and efficiency.

In general, remanded appeals are not higher priorities than new claims."

 

So they do at least admit they don't treat them as a priority.

[broncovet]

Because of a Supreme court case, Chevron, the VA gets to interpret its own regulations as they see fit.  There are actually "2" definations of expiditious:

1.  Expiditious related to Veterans Claims:  Defination:

Quote

Put em at the bottom of the pile and wait until you get a round tuit to process them.  When possible, dont process the remand "at all", unless the Veteran complains through "someone important".  

2.  Expiditious treament related to VA employee Pay:  

Quote

This must be resolved immediately, and fully processed before next payday in 2 weeks.  Or, ELSE..well you dont want to know what happens if you delay a   VA exec's paycheck.  

I had a remand take 3 years, and it was made clear they had no intention of processing it "at all"...until I contacted Allison Hickey.  (former bigshot at VA)

    YOU need to be pro active.  If the VA has done nothing on your remand, start ruffling feathers.  Your claim is  probably at the bottom of some pile gathering dust or maybe holding up a desk with a broken leg..or lost, VA's favorite.  

Edited June 2, 2020 by broncovet