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.

[Backpay]

1 hour ago, broncovet said:

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:

2.  Expiditious treament related to VA employee Pay:  

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.  

Thanks and exactly what I thought. This is interesting read as well.

https://www.courtlistener.com/opinion/817352/harvey-v-shinseki/?q=cites%3A(416)

 

My understanding is I now have proof of their violation of clear orders and regulations. So if anyone wants to file writ for themselves and want my email from VA specifically saying that don't prioritize remanded appeals over new claims which shows they aren't being handled expeditiously as required let me know and I'll send it to you.

[Miken2c74]

Wow that was a pretty good read

[Tbird]

On 6/2/2020 at 4:23 PM, Backpay said:

Thanks and exactly what I thought. This is interesting read as well.

https://www.courtlistener.com/opinion/817352/harvey-v-shinseki/?q=cites%3A(416)

 

My understanding is I now have proof of their violation of clear orders and regulations. So if anyone wants to file writ for themselves and want my email from VA specifically saying that don't prioritize remanded appeals over new claims which shows they aren't being handled expeditiously as required let me know and I'll send it to you.

heres a pdf of the case Harvey_10-1284_published_opinion_1-25-2011.pdf