Single Status Update
I was wondering if you can help me understand this, my appeal has now gee. Remanded back to the RO for the second time. Can you tell me what would constitute the need to send this back for a second time? I submitted over a hundred documents in support of my appeal when it was sent back the first time. I did notice that the RO did not even consider a change in their initial denial like they did on a previous remand. I just don't get it because the initial claim was submitted in 2004 and now over 12 years later I am still going through this.
Can you shed any light onto this?
The submission of over 100 documents can complicate a claim and prolong a decision in itself. I would not do that again unless those 100 documents contain substantial evidence. A skinny file has more appeal to a rater than a thick one that is stuffed with paperwork that does not contribute to probative value.
I certainly agree at the RO level. "Top sheeting" often happens where they dont read most of it anyway. My file is over 1500 pages, and spans since 2002.
But, you need to keep this in perspective. Generally, the RO does not award huge retro...there are reasons for delays of 10 years or more, because, if the evidence was clear, it should not go 10 years.
However, when it comes to appeals, the appeals team overturns when the evidence is in equipose, or favorable.
This is obviously the latter..its in appeals, already denied by the RO, so more favorable evidence should tip the scales of equipose.
To add, there is an understood prohibition of allowing a Veteran to keep his claim going until he finds a decision maker willing to grant. This is the concept of finality. Res Judicata basically suggests that the decision maker has decided, and this can only be overturned on appeal. And, the VA does not like doing each others decisions over and over, and they pretty much stay with the original decision makers decision, unless there is New and material evidence.