Is there a regulation stating BVA remands are required some sort of a quicker VA rating decision?

[63Charlie]

I don't have any of the rules or regs. 

 

My C&P exams were done on my remands two months ago and there is no movement(rating decision).

Feels like the VA raters put my stuff on a shelf to collect dust.

 

I'd like to kick-start things as my issues are obviously gathering dust waiting on a rater to decide.

Is this only a pipe dream?

 

[Dustoff1970]

Very often in the many many BVA and CAVC court decisions I have read the judge will always say near end of decisions that the VARO is to expediate his/hers remand instructions in a timely manner.  I do not remember the exact wording but can easily find with a good search. 

In actual fact this priority or expediated treatment of remands does not occur. Case in point is like you I have now been waiting many months on VARO to issue a decision on a BVA remand concerning my appeal for IHD heart disease increase. Since I already have everything including SMC-S this is not of great importance to me but still noticeable.

[pacmanx1]

Unfortunately, it takes the VARO several months before they make their decision, I would guess about four to six (4 to 6) months. About the only thing you can do is to keep checking with your local VARO 1 (800) 827-1000 number. You can also submit an Ask/Inquiry request to check the status of your claim or appeal.

Ask.VA.gov | Veteran Affairs 

P.S.  I had a BVA remand that went to the VARO and sat for a year and finally it was recertified back to the BVA. At the time I contacted the BVA when their number was still connected, and they made a new order, and my appeal went back to the VARO where it sat for six months, and I finally contacted the White House Hotline number 1-855-948-231 and ask WTH, and they created an inquiry complaint, and my decision was completed, and my award was deposited within thirty (30) days.

P.S.S. Due to the fact that there are many BVA and CAVC remand decisions, there is no real thing as an expedited claim/appeal unless you have some type of hardship, and many veterans do these days or some type of medical emergency.

Edited August 26, 2022 by pacmanx1

[Mr cue]

See I starting to understand these delay things a little better.

Expidate what does it really mean there no time limit. So the VA has a open door with the time to complete a remand from cavc or bva. Smh.

If you have a cavc ir bva remand and it send back to ro.

It is to be return to bva at the front of the line.

Your Not to start over the appeal back to bva. This add years to some remands. 

They tell veterans they need to do a new VA form 9 or nod to have the appeal return to the board.

This ladies and gentlemen put you at the end of the line with a new docket number.

The bva irt cavc remand docket number they are to expidate has been removed.

You now have a new appeal stream started.

I can't make this up they try it with me an I did a writ.

And they made decision in one month to end my writ before the court could address anything.

Or there games.

But they mess up and never merger the appeals back with the cavc remand docket number.

So the court had to merger 3 appeals back with there cavc remand docket number and order.

Do you think anyone has address any of this. No. Lol.

So I think the short answer is I would call the white house hotline.  An do a complaint.

At least they will have to answer them or maybe get things back rolling.

 

 

 

 

 

 

 

[Vync]

Here is an example from one of my BVA remands to the VARO from the late 90s:

Quote

This claim must be afforded expeditious treatment by the RO.  
The law requires that all claims that are remanded by the 
Board of Veterans' Appeals or by the United States Court of 
Veterans Appeals for additional development or other 
appropriate action must be handled in an expeditious manner.  
See The Veterans' Benefits Improvements Act of 1994, Pub. L. 
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. 
§ 5101 (West Supp. 1997) (Historical and Statutory Notes).  
In addition, VBA's ADJUDICATION PROCEDURE MANUAL, M21-1, Part 
IV, directs the ROs to provide expeditious handling of all 
cases that have been remanded by the Board and the Court.  
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.

It describes the instructions to the VARO which are typically do more development (research, C&P, etc...) or take action on it.

I guess if everything is to be handled expeditiously, then every veteran is at the front of the line. However, given the circumstances I truly hope that they place elderly vets, those at risk of hardship, and terminal vets in front of those.

 

 

 

 

 

 

[63Charlie]

3 hours ago, Vync said:

Here is an example from one of my BVA remands to the VARO from the late 90s:

It describes the instructions to the VARO which are typically do more development (research, C&P, etc...) or take action on it.

I guess if everything is to be handled expeditiously, then every veteran is at the front of the line. However, given the circumstances I truly hope that they place elderly vets, those at risk of hardship, and terminal vets in front of those.

 

 

Thanks, Vync.

I thought there was this type of reg. that applied to remands.

 

 

 

 

Edited August 26, 2022 by 63Charlie

[Vync]

@63CharlieIt has probably been updated at some point, but that's all that I have ever received both times in the 90s...