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BVA Remands



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The regional is compelled to comply with the remand order.  

If you check in with a vso, or attorney, with vbms access, they may be able to tell you what stage the remand is in.  

My advice is as follows:

     Send an email both to your national vso and to iris.  Document that you are inquiring as to the states of the xx date BVA decision remand.  

     Also call and ask Peggy the status.  Again, write down the name, who you spoke with, the time, date, etc and what was said.  

      "If" you still have not heard to your satisfaction that your claim is moving along. consider writing the VARO a directice to "comply with the remand" or you will file a writ of mandamus with the CAVC to compel action under the court's scrutiny.  

       Finally, if they continue without a result, then file the writ of mandamus.

    Source:  I filed a writ of mandamus, and it pressured the varo to file a decision and, ultimately to get awarded benefits.  


The writ is the last resort.  



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Not that I know of, sometimes the remand would be returned to the VARO, but my last BVA decision went to the DROC-DC. It did not have a remand; it was a straight grant but as far as I know there is no way to track it. I would suggest that if you do inquire about the status of your remand do it by the Whitehouse hotline which checks every 30 (thirty days) or by askva.gov. The Whitehouse hotline and askva.gov both inquires would have your inquiry in writing so you can keep up with it that way.  I hate calling the VA on the phone because I can never remember what they tell me and some of them will say anything to just get you off the phone. Have you ever noticed that as soon as you say OK the phone is hung up and you are disconnected? 

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