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Cavc Remand

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alexx

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Just wondering if any one knows whats happens after CAVC remands my case?

What are the odds the VA will pay up?

Will it take another 5 years before i hear something back?

If someone could review my case and give me an idea what to expect next.

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GOOD for you!!!!!

A CAVC remand also can open the door for additional evidence.

One thing we cannot stress enough here is the fact that the CAVC looks for legal errors in BVA decisions.

Period. They do not weigh the evidence or consider anything at all not in the BVA record.

If a BVA deision is detrimental to a veteran because it contains legal errors the CAVC must remand the claim for correction of these errors.

I hold to this- and have had difficulty in explaining this to some BVA, CAVC claimants over the years-

When the BVA remands a claim via CAVC or BVA direct remand- the claimant themselves should follow the remand-

in other words if the BVA orders the RO to get this and that-

the claimant should attempt to get those records too.

When the BVA ordered another C & P on my AO claim to be done by a cardiologist-I got a cardiologist.That is I contacted one, paid him, and began to copy the medical records etc again for his IMO.

As it happened the C & P was done fast by a PA ,not a cardio doc, and I knocked it down as soon as I got copy of it- the cardiologist had not prepared my additional IMO yet- but I had sent to the BVA the very same evidence (my RO historically removes my stuff from my C file)I had sent to the cardio doctor and used the same medical argument I assumed this IMO doctor would use.

The BVA award came in the mail very soon after they received the PA C & P and my additional evidence.I had to call the cardiologist and tell him to hold off.Luckily I even got back some of my IMO money.

This is what I mean by following the remand yourself. In my responses to the BVA (I gave up on sending anything to the RO at that point)I consistently referenced the fact that my VCAA letter was illegal and that the C file contained (I supplied them again because they were probably gone by time file went to the BVA) 3 additional IMOs that clearly awarded my claim yet the VARO had consistently igorned this probative evidence.

You did very well to obtain another CAVC remand.

It goes to show we MUST be proactive and I too ,as Pro se in many situations, did better than I would have done with a lawyer.

I advise getting a lawyer when at the CAVC in most cases however.

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Thanks Berta.

There's one other point of which you reminded me, that hit home only with this most recent CAVC decision. Besides additional evidence, with remand to the BVA it's also possible to submit additional argument. After so many appeals, I have gotten into the habit of reiterating all my arguments anyway. But as noted in Best v. Principi, 15 Vet.App. 18 (2001), the Court renders its decisions on the "narrowest possible grounds," which means that they are not required to address every issue raised in the appellants' briefs. As the Court observes in that case, "A narrow decision preserves for the appellant an opportunity to argue those claimed errors before the Board at the readjudication." In other words, the appellant needs to present those issues to the BVA upon remand, thus triggering the Board's obligation to address them, as well as to preserve those issues for appeal to the CAVC if the claim remains denied after remand.

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