How Does Bva Work? Decide The Claim, Remand The Claim, Other Options?

[tssnave]

I have never had an appeal leave the RO. I used the DRO on both NODs I submitted (one for sc and the other to increase my rating on my original claim). Both my requests were granted on appeal so I have also never had an SOC or SSOC issued. I read Vike's outline of the VA claims process and conceptually, at least, when I was working my claim I thought I understood the process a while back.

But based on things I'm reading on hadit I am confused on what, exactly, the BVA does. This is my understanding and I would like for someone to confirm or clarify the process for me:

If the BVA has the claim and there is evidence there to change the VARO Decision then the BVA can change the Decision. Is this correct?

If the BVA has the claim and there is not enough evidence to change what the VARO Decision was then the BVA will remand the claim with suggestions on how to complete the claim (like order a C&P exam to establish service connection. Is this correct?

I assume if the BVA has enough evidence to make a new determination that they would rather than send it back to the VARO but based on some of the posts I am not certain.

I am also totally unclear on how the AMC works or what exactly it is so if you are able to clarify both the BVA process and authority as well as the AMC process and authority in easy to understand terms I would appreciate it.

Thanks,

TS Snave

[carlie]

But based on things I'm reading on hadit I am confused on what, exactly, the BVA does. This is my understanding and I would like for someone to confirm or clarify the process for me:

If the BVA has the claim and there is evidence there to change the VARO Decision then the BVA can change the Decision. Is this correct?

YES - BVA has authority to change a decision - I think unless fraud was involved, then the BVA can not change a decision in a way that would be less-adventageous to the claimant.

If the BVA has the claim and there is not enough evidence to change what the VARO Decision was then the BVA will remand the claim with suggestions on how to complete the claim (like order a C&P exam to establish service connection. Is this correct?

BVA has the authority to either continue the denial or remand parts, or all of the claim

I assume if the BVA has enough evidence to make a new determination that they would rather than send it back to the VARO but based on some of the posts I am not certain.

BVA has the authority to make a new decision if the evidence warrants one.

If the evidence is not there the BVA has the authority to remand issues in

search of evidence that may or may not already be of record - it is their call.

IMO many times BVA makes remands to the RO just to pass the buck a while longer and make their stats appear better than they actually are.

I am also totally unclear on how the AMC works or what exactly it is so if you are able to clarify both the BVA process and authority as well as the AMC process and authority in easy to understand terms I would appreciate it.

The AMC is supposed to do what ever the BVA instructs.

In reading BVA decisions you will be amazed at how many remands are produced due to

BVA stating the RO did not provide the claimant with a VCAA letter, even though it

was not something prejudicial to the claimant.

VCAA letters can very much have, the results of a double edged sword in the claims process

Hope this helps.

carlie

[Berta]

GREAT question-

I too always got RO decisions that were favorable until my recent claim-(recent meaning the one I filed 6 YEARS ago)

The BVA-lots of info in the VBM-

as to your first question-Yes the BVA can overturn a VARO denial

Second question right0- remand for further development- which could include new C & P, correction of VCAA violation, stuff like that-

Question three- if you waive RO consideration then the BVA can go ahead and decide the claim without a remand-

BVA address claims before it as well as "issues" -meaning if an issue a claimant has raised would have bearing on whatever they hold jurisdiction on-they can address the "issue".

I dont know if my remand is at BVA web site yet- They addressed an "issue" I have-

although I get DIC under Sec 1151-

(and it might appear at first I cannot get DIC award again- the BVA correctly reminded the VA that a successful SC death award would render me additional ancillary benefits as well as refund of a FTCA offset amount.

This was an "issue" I raised as well as the BVA -that hinges on my AO claim-not the claim itself.

AMC- my remand went to the AMC in October and in Nov I e-sent them all the VA had not considered yet per the remand- so far they cannot read and have destroyed all of my evidence.

I was told hours ago that a "post coach" has my 30 day response and is waiting for my formal SSOC rebuttal and my formal October Incident Letter.

I prepared the response today- and the first thing I mentioned is that they violated the BVA remand in every way they could.

I asked them to cue themselves.The VCAA violation of 2003 still stands as long as they dont heed this remand.

The AMC decision I got is from Seattle VARO (my claim is from Buffalo VARO)so it appears to me AMC is one more way for VA to stall and shuffle work off somewhere else.

[tssnave]

Carlie,

Thanks for the prompt reply and clarification! I appreciate the help in understanding the BVA and AMC.

Thanks,

TS

[broncovet]

I have never had an appeal leave the RO. I used the DRO on both NODs I submitted (one for sc and the other to increase my rating on my original claim). Both my requests were granted on appeal so I have also never had an SOC or SSOC issued. I read Vike's outline of the VA claims process and conceptually, at least, when I was working my claim I thought I understood the process a while back.

But based on things I'm reading on hadit I am confused on what, exactly, the BVA does. This is my understanding and I would like for someone to confirm or clarify the process for me:

If the BVA has the claim and there is evidence there to change the VARO Decision then the BVA can change the Decision. Is this correct?

The BVA does not change the RO decision. THE BVA issues a new decision and the RO is supposed to implement it. This important distinction means that the Regional Office will "interpret" the BVA decision in a manner consistent with their own agenda. A BVA "Award" and $5 will get you a cup of coffee in most places, but not always much else. Unfortunately for me, I was awarded a "complete grant of benefit sought" by the BVA which the RO decided was a zero percent evaluation for only part of the claim and effectively succeeded in "reducing" the BVA award. I have appealed the RO implementation of the BVA appeal, however, the RO decided to "interpret" my NOD as a claim for benefits and actually ignored my NOD, manipulating the system to reduce my benefits. It has taken 5 years and it is still not straightened out. Many Vets get multiple BVA remands..the RO does their absolute best to deny benefits in all ways imaginable.

If the BVA has the claim and there is not enough evidence to change what the VARO Decision was then the BVA will remand the claim with suggestions on how to complete the claim (like order a C&P exam to establish service connection. Is this correct?

CORRECT.

I assume if the BVA has enough evidence to make a new determination that they would rather than send it back to the VARO but based on some of the posts I am not certain.

The BVA is trying to reduce the number of "remands" according to the BVA website.

The BVA has 3 options: 1. Deny the claim, thus upholding the RO decision.

2. Remand the Claim to the RO, usually with instructions.

3. Award the claim, thus reversing the RO decision. Of course, the BVA can also change effective dates, and can do a combination of the 3, such as denying PTSD, but remanding the Veterans depression claim for a current C&P exam.

I am also totally unclear on how the AMC works or what exactly it is so if you are able to clarify both the BVA process and authority as well as the AMC process and authority in easy to understand terms I would appreciate it.

Thanks,

TS Snave

[carlie]

ts,

You've been around the playground quite a while and have probably

already researched this info - but just incase you might want to look

it over I'm willing to help.

Go here:

http://www.warms.vba.va.gov/M21_1MR.html

scroll down to:

Chapter 5 - Appeals

click on:

Section G - Board of Veterans Appeals (BVA) Decisions and Remands

This is a bit outdated but it provides a BVA flo chart that is understandable:

http://www.gao.gov/new.items/d05655t.pdf

Here is a link to a 2007 VA House Committee Hearing that maybe of interest on

these two issues,it's worth the read.

http://veterans.house.gov/hearings/transcr...aspx?newsid=115

Hope this helps.

carlie

Edited March 10, 2009 by carlie