How long from a CAVC panel hearing to decision?

[Lemuel]

How long is the longest case you know of from a Hearing at the CAVC to a decision from the CAVC.

This is the link to the hearing of Haskell v McDonough, 22-1018 on August 15,2023:  haskell v mcdonough - Search Images (bing.com)

The case, as suggested in the hearing, is now Laska v McDonough 22-1018 on the CAVC Docket search.  There has been no actions since 11/23/2023 when Ms. Margaret Laska was substituted for Herbert N. Haskell in the original filing following Mr. Haskell passing on August 14, 2023.

It is now almost 8 months without a decision being posted.

My experience has been days not months.

Is the CAVC backed up that much by recent CAFC remands in favor of veterans?

Stating you case in terms of the Jurisdiction of the Court is everything.  The BVA is the only decider of facts.  Nearly impossible to challenge a fact at the Appeals Court.  This case is challenging the VA's interpretation of Code in writing the Regulation governing SMC-t.

[broncovet]

They usually dont take but 60 to 90 days, but with Mr. Haskel passing, all bets are off.  The widow has a reasonable period to file substitution of claimant.  (That may be a year).  Then, the widow needs additional time to obtain consul.  Then, the records need transferred to the new attorney and, the attorney has to have a reasonable time to review them, plus time to file documents.  Remember the court will be sympathetic toward widows, as they should be, and also to attorneys, who just took over the new case.  

WILD card:  Probate.  That is even worse.  The will may have some say regarding assets and some of those could well be related to future VA earnings, such as pending claims..and that may well need to be probated, because those future earnings could well have monetary value.  Yes, the logical place is for those to go to the spouse, but people have a right to decide "who" to leave their property to, and that would include pending VA benefits.  I have not read Mr. Haskel's will, and I have no idea if the will is disputed or not.  That could make it a long drawn out affair.  There could be a fight to decide "who" gets to be substitution of claimant, especially if its a complicated family with divorces, multiple marriages, blended famalies, etc. 

[Lemuel]

1 hour ago, broncovet said:

They usually dont take but 60 to 90 days, but with Mr. Haskel passing, all bets are off.  The widow has a reasonable period to file substitution of claimant.  (That may be a year).  Then, the widow needs additional time to obtain consul.  Then, the records need transferred to the new attorney and, the attorney has to have a reasonable time to review them, plus time to file documents.  Remember the court will be sympathetic toward widows, as they should be, and also to attorneys, who just took over the new case.  

WILD card:  Probate.  That is even worse.  The will may have some say regarding assets and some of those could well be related to future VA earnings, such as pending claims..and that may well need to be probated, because those future earnings could well have monetary value.  Yes, the logical place is for those to go to the spouse, but people have a right to decide "who" to leave their property to, and that would include pending VA benefits.  I have not read Mr. Haskel's will, and I have no idea if the will is disputed or not.  That could make it a long drawn out affair.  There could be a fight to decide "who" gets to be substitution of claimant, especially if its a complicated family with divorces, multiple marriages, blended famalies, etc. 

Maybe you are right, the court may be waiting for the time to run out on substitution SOL.  I had not thought of that.

CCK is apparently still handling the case.  The case is now in her name with no new attorney appearing before the court.  The case was heard August 15, 2023.  If the hearing had not already been finished then there would be a possible reason to change attorneys.

The SOL on substitution would date from November 2023 when the substitution was finalized.

8 months seems like a long time for nothing else to have been entered to indicate why the decision was being held up.  Seems to me the matter of who will receive has already been decided by the substitution which has not, as yet been challenged. 

I do see another case on the CAVC opinions link that is taking a long time, nearly 4 months to decision.

I suspect the CAVC is dotting all their "i" and crossing all their "t" because which ever way it goes, it will probably go to the CAFC to see if the regulation is a valid interpretation of the 2015 CODE.  But even that seems like a long time for the clerks to get their act together and write the decision for the court that appears to be on the side of the appellant watching the video of the hearing.

The question then becomes, "how much authority does the Secretary have in rewriting law in producing the regulation effecting the law."  Or is that coming from the Justice department overseeing the VA Attorney's office?

This appears to be a broad revision of the Code in writing the Regulations.

[Lemuel]

I find an SOL on substitution of a year.  This case the substitution has already been made.  

I do not find an SOL on a challenge to the substitution.

Waiting until after the SOL date means you are "SOL" in another acronym.