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Timeline for Remand from CAVC?

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4mydad

Question

I've been trying to get an earlier effective date for my father's claim that was granted in 2015. EED denied at BVA, appealed to CAVC and was remanded in Dec. Any thoughts on how long this will take at the BVA this 2nd time around?  Anyone have any success with EED on a remanded CAVC decision on 3.156c?  He originally filed in 1983, granted max (50%) in 2015. and that is the EED I'm appealing. Huge retro so I know it will be a huge fight, but def worth it on principle alone. 

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My remand from the CAVC start to finish was two years. CAVC joint motion for remand (JMR) sent it back to BVA. BVA remanded back to AOJ. AOJ denied. So, filed a HLR. HLR found a failure in duty to assist. HLR closed and the claim was bumped up to a suplemental claim. At the suplemental level the EED was awarded and retro was paid.

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Please note, the time line that I gave you begins with my filing at the CAVC, so your wait time might not be so bad as you have already gotten a decision from CAVC and are back at the BVA. If the BVA can make a decision, considering that anything that is remanded from the CAVC is advanced on the docket, I would say that you are about three to four momths out from a BVA decision. 

However, if the BVA remands back to the AOJ, I would expect about a year. Whatever, never give up!

 

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