BVA Timeline

[FlyboyLeRoy]

BVA direct review w/o judge submitted 01-11-2022. "average wait time of 1 year" was just pulled 2 days ago, 3 plus years later. I was curios on your, or someone you may know, experience with the timeline from a judge reviewing to decision, no matter the outcome. Thanks.
 

[Lemuel]

1 hour ago, Rattler said:

Hears an intresting run down on Haskel v McDonough.

haskell-case-synopsis (SMC t).pdf 95.77 kB · 0 downloads

The synopsis was written before the hearing.  The case is stayed while briefs after the Chevron case.  Before the SCOTUS decision on the Chevron case there was not much chance.

The door is open now.  See the attached CCK brief following Chevron.

And I will be able to quote the remarks in the hearing by the VA GC stating that you needed "qualified nursing supervision your medication," to qualify for the higher level of care.  I am not nearly as bad off as Haskell was, but I have a nurse, because only a nurse can be qualified to fill my seizure medication dispenser.

The door is open to me for SMC-t.  The BVA will probably give me SMC-S and make me appeal because the Laska V McDonough case is still in limbo.  Certainly, no matter which way the CAVC goes, the case is going to the CAFC.

In my BVA hearing, I will try to point out how arbitrary the VAGC's argument was.  I would rather end up with SMC-S and see the guys who need SMC-t, like Haskel, get it.

Too bad CCK would not do all my issues with TBI.  Would have liked them to be taking my case to the CAVC if necessary.

240909 Laska v McDonought CCk supp brief.pdf

Edited August 26 by Lemuel
clarify

[Lemuel]

Pannel stays at the CAVC may be the end.  The appellant sent a brief that has not been responded to by the appellee in Laska v McDonough 22-1018.

Wonder if the Judgment will go in favor of Laska if the appellee has failed to respond timely.  There was a stayed case from 2008 that was given a Rule 36 Judgment.  It appears to have gone against the appellant.

[Rattler]

Please keep us informed Lem. All this will have a major impact on the VA's internal Regs and how they are applied.

[Lemuel]

7 hours ago, Rattler said:

Please keep us informed Lem. All this will have a major impact on the VA's internal Regs and how they are applied.

I am checking that one almost every day because it is so important to so many.

[Lemuel]

I just checked rule 30b.  It appears that the CCK citation was timely but there has not been a timely response.  Meaning the CCK brief will stand unchallenged by VAGC.

[Lemuel]

On 8/28/2024 at 12:46 PM, Rattler said:

Please keep us informed Lem. All this will have a major impact on the VA's internal Regs and how they are applied.

Laska v. McDonough has been Remanded.  If anyone knows how to keep checking what the BVA does with it or what VARO does with it please check and let us know.

I am attaching a copy of240906 Laska v McDonough CAVC 22-1018.pdf240906 Laska v McDonough CAVC 22-1018.pdfthe Laska V. Mcdonough CAVC, 22-1018 of 09/06/24 to this post.