Appeal remanded from Court to BVA, now what?

[Oliver]

My Lawyer managed to get the CAVC to admit the BVA made a mistake in denying my appeal due to a CUE. It is remanded back to the BVA. What now? How long will it take ?(it's already been over 7 years). I'm 76. What can I expect?

[kanewnut]

I doubt you would be automatically expedited. There is a form to request expediting - VA Form 20-10207. I see this form says age of 85. You should deices that with your lawyer.

[Berta]

Thanks-Kanenut - that is the form when the claim is still at a RO.

https://www.vba.va.gov/pubs/forms/VBA-20-10207-ARE.pdf

But the Advancement of a case on the Docket ( at the BVA) gives 75 or older as one criteria for BVA advancement and is explained here:
https://cck-law.com/blog/how-to-file-a-motion-for-advancement-on-the-docket/
https://www.bva.va.gov/CustomerService.asp

I could not find a specific form but that is because a Motion needs to be filed. We have Motion templates here somewhere- they are not complex and can only be filed regarding a BVA issue,with the BVA, when the claimant has their Docket #.

as the RO cannot accept Motions.

I mention that because a former member here was telling vets here that they could file Motions at the RO level.

 

 

[broncovet]

What were the reasons it was remanded? How long it takes kinda depends on the reasons, especially if you will need an IMO.    The BVA is supposed to give remands "expiditious treatment".  You may hear an answer from the BVA by summer or even sooner.  Im sure your lawyer will let you know if you need an IMO.  Its unlikely to happen this year, however, in my opinion.  Maybe, but that would be a long shot.  

[Oliver]

The reason for the remand is because my attorney convinced the CAVC to agree that it was not proper to have a CUE in an my case. He believes the BVA will agree. I don't think I will need an IMO, I already have a strong case with excellent nexus statement. He thinks it might be a few weeks to a few months. Aren't they supposed to give "expiditious treatment" for advanced age also? My attorney seemed to think so.

[kanewnut]

23 hours ago, Oliver said:

I'm 76. What can I expect?

From CCK-LAW.com 

#2: Advanced Age
The age requirement for expediting a veteran’s claim is different at the Regional Office level and the Board of Veterans’ Appeals level. At the Regional Office, a veteran must be 85 years of age or older in order to have his or her claim expedited. For the Board of Veterans’ Appeals, veterans must be 75 years of age or older for his or her claim to be advanced on the Board’s docket.

Veterans should note, for example, that a 77 year old veteran may have their case advanced on the Board’s docket, but the file will not be flashed for expeditious treatment at the Regional Office due to the older age requirement.

[broncovet]

Your lawyer probably has better answers on this.  What did he say?  

Remember, even when you win at the BVA, the BVA sends it to the VARO who has to issue still another decision "implementing" the board decision.  While you may hear this year, yet, I wouldnt advise putting a bunch of stuff on credit cards for Christmas hoping the Check will come the first of January.  You are just gonna have to be patient and wait for the envelope..or the call from your attorney.  

You can try looking on the BVA chairmans report:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

For 2019, the most recent available, it says, on page 25 the "average remand factor" time is 519 days.  Since yours is "expedited" it could be shorter or even much shorter.  Vets advocates often suggest getting or continuing on your hobby.  

Get some exercise at the park.  Play chess (with a computer for covid 19.)  Write a letter to your grandchildren.  Kiss your wife.  Read a good book.  

Go fishing.  Build something in your garage.  (Im making Christmas presents, out of wood).