CAVC Remand

[Bafields1]

So any help would be appreciated. I had won my case at the court of appeals an they were suppose to remand it back down to the bva. The va agreed that they messed up on my diagnosis of brain damage, migraines and PTSD I received from several IEd blast. I have been fighting this for six years now. They contacted me and told I would have to have two more C&P exams so they can render a final decision this was in march of this year. Last month instead of them giving me my exams I was notified that they reviewed my case and did not need to speak to me. Is this right shouldnt I be able to see the dr for a further exam? Also it was even the VA that contacted me, it was an outside agency that sets up appointments with outside doctors that dont work for the va. Then when I logged on to see the status of my case its says due to remand from court of appeals that I will go to front of the line, but it will 16-29 months before I receive final decision. I first applied in 2009 after my last tour in afghanistan, due to the va being the way it is I just stopped messing with it, unitl i got invited to a wounded warrior trip and some very helpful men there told me i was stupid for not pushing it, they used other vulgar terms I will not say on here. Any guidance would be helpful or if anyone has been down this road let me know.

Thank You.

[brokensoldier244th]

Many VAMCs and contractor locations around the country are not physically seeing examinees due to local conditions relating to Covid. In many cases those exams are scheduled as ACE (acceptable clinical evidence) where the examiner looks at all the evidence of record in order to make a determination. Otherwise, it would be months or more (yet undetermined duration) because a physical exam is dependent on whether or not the facility is seeing people. These are exams, and prior to a decision we also pull any other relevant information we can find from VAMCs, and also accept any updated treatment records you may have from a private provider. 

[ShrekTheTank]

Great advice above!   I am just behind you at the CAVC and should get my decision in October.  I have had two of these so far where they just review and one was good and one not, so it can go either way.  I assume in the remand they gave specific instructions?  I am assuming they will have the same kind of process as the BVA to make sure everyone below is doing what the court ordered.  From what I understand the CAVC does move faster.  I have a lawyer so they will update me every so often so I know if there are any changes and they can see everything the court has and is doing.  

[broncovet]

I think 16 to 29 months to comply with a CAVC remand is crazy, especially when the VA claims they get initial clams done in about 5 months.  Im filing a writ of Mandamus, because the VARO "hasnt" complied with my remand since 2013.  Check your "inbox" for some more on this.  

[pacmanx1]

2 hours ago, Bafields1 said:

 Then when I logged on to see the status of my case its says due to remand from court of appeals that I will go to front of the line, but it will 16-29 months before I receive final decision

That 16-29 months before you receive a final decision was there last year when I got my BVA EED grant long before this pandemic COVID-19. I am still waiting on my grant after I also had my C & P exam last year with no evidence of my claim moving since.