Remands

[Berta]

For some odd reason-since the BVA search engine has gotten better-I put "a remand is necessary" into the search browser and got a whooping 284,922 claims out of the 532,073 decisions already posted at the BVA.

That is over 50% of all claims that get to the BVA.

Although the VCAA is the main reason (when VA commits prejudicial error in the VCAA letter)

many claims are remanded for reasons like this:

"If the RO receives additional pertinent evidence after a

statement of the case has been issued and before the appeal

is certified to the Board and the appellate record is

transferred to the Board, the RO will furnish the appellant

and his representative with a supplemental statement of the

case (SSOC). 38 C.F.R. § 19.31(B)(1) (2007).

Thus, a remand is necessary so the RO/AMC can review the

additional evidence submitted since the SOC was issued and

issue an SSOC."

http://www.va.gov/vetapp08/files1/0801538.txt

This veterans claim has been in the system for over 4 years.

In these remands I see that the VA in some cases failed to obtain relevant SSA records, in other cases SMRs reveal a potential nexus that the VA didnt address.

It is discouraging-then again- some veterans succeed in CUE claims:

38 years of retro:

ORDER

"The October 1970 RO decision denying entitlement to service

connection for a left ear disability was based on clear and

unmistakable error. The October 1970 rating decision is

revised to grant entitlement to service connection for left

ear disability. To this extent, the appeal is granted,

subject to the laws and regulations governing payment of VA

monetary awards."

http://www.va.gov/vetapp08/files1/0803609.txt

[rentalguy1]

guys and gals...you have to ask yourselves if the retro money is really worth the wait. You might be better served by holding on to that additional evidence and using it as "new and material" evidence to reopen a previously denied claim, or as new evidence for a increased rating in a previously low-balled claim. Either of these "new" claims could be resoved within six to twelve months in most cases. If your claim is in appeals, you can count on remand after remand, and years of waiting for a answer. Why put yourself through the hardship and mental anguish? Take the new evidence, perfect your claim, then refile. You'll be receiving your money much quicker.

[Pete53]

I think that avoiding the BVA all together was the best way to speed up a claim. It is best in my opinion to hit the VARO hard and heavy with all the power you got and don't miss the chance for a Hearing before the Rater. It is crucial. If you have been out of the Military for more than 1 year when you file your claim you probably need a good outside opinion as well.

[Berta]

Pete-I completely agree with you-

Since VA estimates lately have been that there are over 800,000 claims in the system now and that the VA in testimony recently (SFDC) said they expect a million or more claims in the system by year's end-

any veteran with a claim in progress or thinking about filing one might as well get their medicsl evidence together right away (to include an IMO) and also make sure their stressor is proven or can easily be verified by JS CURR.

Private docs might well give a veteran an ample IMO- others might have to pay thousands for one-

unfortunately that is the way it is these days-

unless a C & P doctor can fully support service connection -veterans and widows simply will bang their heads against a wall trying to fight a VA doctor's opinion on their own.

I heard yesterday that the Military might have to send 7000 more troops into Afganistan-

The VA simply did not adequately prepare at all for the continuous toll of the Iraq war as well as Afganistan in regards to health care and the claims process.

A "more than likely" opinion is the goal every vet has to have and if they dont get it from a VA C & P doctor -they have to consider getting an Independent medical opinion.

And if a PTSD claim- if they dont have at least one of the few DD 214 awards that do denote combat-they might as well use the waiting time each claim has to get proof of the stressor.

With positive proof of a stressor-submitted with or soon after filing the claim- that often saves VA the time to ask JS CURR to look for info that is consistent with it.

Those claimants who have the right to hire attorneys are no further close to an award if they do not have the medical evidence or proof of nexus or proof of a PTSD stressor.

The lawyer will want these things as well as the VA.

And of course if the VCAA letter was prejudicial in the first place- that claim will be remanded on that basis unless there is ample evidence to award it at the BVA.

[gdsnide]

I think that avoiding the BVA all together was the best way to speed up a claim. It is best in my opinion to hit the VARO hard and heavy with all the power you got and don't miss the chance for a Hearing before the Rater. It is crucial. If you have been out of the Military for more than 1 year when you file your claim you probably need a good outside opinion as well.

Pete.

I'm with that & if I do wind up at the BVA I always have a Lawyer if they remand or what ever.

Now after the RO turns one down they can get a Lawyer

GARY