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Tbird
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About Tbird
- Birthday 02/19/1957
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TBird, I see that you are knowledgeable about the VA system and was wondering if you could answer a question. My appeal has been remanded for the second time back to the RO, do you know why are what would cause this?
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Hi JayBrown1-
Below is from this page http://www.blogs.va.gov/VAntage/26013/the-appeals-process-remands/ I hope it helps.
While the Board has the ability to remand, it uses the remand differently than a typical court system. In a typical court system, a higher court usually remands a case when a lower court interprets a law incorrectly. In VA’s circular system, appeals are remanded for many reasons. A remand may be necessary if there has been a change in law, a worsening of a disability on appeal or the Veteran introduces new evidence or theory of entitlement at the Board.
Typically each time one of these things happens, a rule of law called Duty to Assist (DTA) is triggered. DTA is an obligation VA takes very seriously. It means VA has to help you develop your claim. Often, this means scheduling you for another exam, gathering records on your behalf or giving you an opportunity to comment since a law change. About two-thirds of the Board’s remands are for reasons that arose after VBA finished processing the appeal and sent it to the Board.
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