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hypertension VARO sent remand appeal back to BVA without adjudicating the entire claim
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Palma114
The BVA remanded my claim back to VARO, two years ago. The remand order was for VARO to develop and adjudicate my claim, well about a year ago they did adjudicate my hypertension, and about six months ago I had C & P Exams done for my kidney and sleep apnea, so I contact the VARO in June 2016, and reminded them that my remand was
about 2 years old, and when were you all going to finish adjudicating it, so they told me, we're trying to get everything together here very shortly. So a month after that, I received a letter in the mail from VARO, stating that we have certified your appeal to the BVA, your records are being transferred to Washington DC.
My question is, if the VARO did not adjudicate my kidney disease and sleep apnea, as the BVA remand order clearly stated, aren't the BVA just going to return the claim for those two claim items they fail to adjudicate at the RO. I contact the ro and asked them why didn't they adjudicate the kidney and sleep apnea before returning it to BVA, one of the
supervisors over there inform me that we cannot talk about the claim because we no longer have it, I would need to contact BVA if I had any questions.
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lotzaspotz
Contact the BVA and let them know about this. They can send that portion of the directives the RO did not follow back to the RO for proper handling. Cc the RO on that letter, too.
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