Appeal Remand

[vet12]

I was denied service connection due to exposure to AO. I appealed, went to Washington, DC for a hearing at the VA. I finally received a response today. The case has been remanded to the RO. I assume this is good news. I also assume my records will be returned to the RO and I should only wait for a decision. Any info would be appreciated. Also does the RO normally reverse their denial? Thanks

[Pete53]

I would suspect that the RO will do something favorable after they rethink their denial.

Good Luck

[vet12]

I would suspect that the RO will do something favorable after they rethink their denial.

Good Luck

[Berta]

Can you tell us more- Yes -a remand is much better than an outright denial-

in the order to remand the BVA told the RO what to do-

Are you a Vietnam vet or did you serve in Korea 1698-or 1969- in the civilian control line south of the DMZ?

What did the BVA tell the RO to do- that would help us understand the claim.

'Does the RO normally reverse'- not too often but we dont know how many claims are won at the RO level so it could be higher then we think-

Was the remand due to VCAA violation?

[Berta]

Can you tell us more- Yes -a remand is much better than an outright denial-

in the order to remand the BVA told the RO what to do-

Are you a Vietnam vet or did you serve in Korea 1968-or 1969- in the civilian control line south of the DMZ?

What did the BVA tell the RO to do- that would help us understand the claim.

'Does the RO normally reverse'- not too often but we dont know how many claims are won at the RO level so it could be higher then we think-

Was the remand due to VCAA violation?

Is your disability on the AO presumptive list, did you serve outside of Nam and is that why they denied?

Edited September 24, 2008 by Berta

[vet12]

Korea 68-69 - not DMZ. A request to be made of DOD inventory of herbicide operations to determine whether herbicides were used or tested as alleged. If not verified then a request should be sent to the JSRRC for verification. The RO/AMC must comply with provisions of VA's Adjudication procedure Manual to attempt to verify veteran's claim of exposure.

[john999]

If you don't win this thing hire a lawyer. I bet there is significant retro involved. I hope the VARO does what they are supposed to do. Time is your enemy.