After Remand Is Addressed

[mrsvet28]

Question: after the BVA remand exams as requested are finished ..then it goes back to the RO to be approved or denied is that correct protocol? or am I missing something

Thanks Mrsvet

[carlie]

Question: after the BVA remand exams as requested are finished ..then it goes back to the RO to be approved or denied is that correct protocol? or am I missing something

Thanks Mrsvet

If that's what the BVA remand states.

Sometimes it is good to read over the remand 5 times,

then walk away for an hour and go back and read it

another 5 times.

The legal BS just gets sooo confusing.

jmho,

carlie

[vaf]

It can also be granted or denied by the Appeals Management Center, depending on where the Board sent the remand. Actually, whether it's the VARO or the AMC, the decision is not the final decision from the Board. It's more or less a recommendation to the Board as to how to decide; the Board can either concur or disagree and do something else. When you get the decision back from the VARO or the AMC, if you disagree with it, you can respond with another Notice of Disagreement to the Board (I'd cc the VARO or the AMC, wherever that decision came from). If the Board decides to deny the appeal, you then have 120 days to file an appeal with the Court of Appeals for Veterans Claims. That takes it out of the VA system and puts it into the Judicial system.

[john999]

Yes, the BVA,Remand,BVA cycle can go on for 20 years. You get the remand exam and the VA does another inadequate or biased exam and you are right back to the appeals again unless you get an IMO to tilt the balance.

[Mcafee]

Hello All Hope All Is Well

BVA has remanded my claim to VARO via the AMC for further development,

The Reason for the remand is I provided the necessary documentation to show clearly the errors of the system.Now my concern is this how isit that the Various Agencies apply rules to the claimant to reply or respond however they can drag this out to there liking? This is non productive.

[vaf]

I would suggest two things in this instance:

1) Keep close track of that remand. If it goes beyond 18 months, and you cannot get a satisfactory response from an IRIS inquiry via the VA's website (and I'd put money on your not getting one), I'd file a Writ of Mandamus request with the Court. We've done that, and it worked to get the remand out of the AMC and to the Board.

2) Be careful that the VARO doesn't withdraw the appeal without your permission. The VARO we deal with, for some reason, told the Board that the veteran withdrew the appeal when the veteran did NOT withdraw the appeal. No one but the veteran or his/her representative of record (with the veteran's written approval) can withdraw a Board-remanded appeal.

We've given the VARO until the end of the month to fix this. If not, we've given them until the end of the month to issue the veteran an SOC. If neither one happens, we'll be filing another Writ of Mandamus request to the Court.

Be very careful to keep track of your Board-remanded appeals as to how long they're taking, and where they are in the process. If this happened to us, it can also happen to you.

Edited August 13, 2009 by vaf