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Who Decides Service Connection?

blackbird

Asked by blackbird,

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blackbird Community Regular

blackbird

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Hello everyone!

Question-My case for Service Connection was sent from BVA to Appeals Mgmt Center. They in turn sent me a request for additional info to decide SC, which I sent back to them within 30 days. Then about two weeks later the sent me a letter stating they had ordered an exam at the nearest VA facility.

Does this mean that the Appeals Center has decided the SC matter and are now sending me for the rating portion, or is SC decided by the rating team for appeals from the BVA?

I think I read somewhere that decisions are handled a little differently if they are sent back from BVA???

Thanks in advance for your response,

Blackbird

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pacmanx1 Grand Master

pacmanx1

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I think it really depends on how the remand is worded to figure out who would get the jurisdiction. My remand states “The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington DC. VA will notify the veteran if further action is required."

So that means the regional office is working on my appeal. This is great because they have to go by the claim date. I filed in 2004, my claim was denied in 2005. I then filed a NOD in 2005 and VA sent a SOC in 2006. I then filed a form 9 in 2006 but VA never responded to my form 9 until I had a hearing in 2008 for another claim awarded in 2006 that I filed a NOD/CUE for EED. The BVA remanded all issues and I have just had my C & Ps for the claims denied in 2005.

If your appeal is being processed at the AMC it could take a while because all the claims there are on remands but if your claim goes back to the RO they are "suppose" to expedite it (if that really means anything to them)

So what did your remand state?

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blackbird Community Regular

blackbird

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I think it really depends on how the remand is worded to figure out who would get the jurisdiction. My remand states "The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington DC. VA will notify the veteran if further action is required."

So that means the regional office is working on my appeal. This is great because they have to go by the claim date. I filed in 2004, my claim was denied in 2005. I then filed a NOD in 2005 and VA sent a SOC in 2006. I then filed a form 9 in 2006 but VA never responded to my form 9 until I had a hearing in 2008 for another claim awarded in 2006 that I filed a NOD/CUE for EED. The BVA remanded all issues and I have just had my C & Ps for the claims denied in 2005.

If your appeal is being processed at the AMC it could take a while because all the claims there are on remands but if your claim goes back to the RO they are "suppose" to expedite it (if that really means anything to them)

So what did your remand state?

Hey Pete 992,

On the cover letter it states that the records are being returned to the VA office having jurisdiction over this matter. It then list the actions they have remanded. Then after all the actions are taken care of, the claim should be readjudicated. If the determination is adverse to the Appellant, he should be furnished with a SSC. Then if indicated, this case should be retuned to the BVA for the purpose of appellate disposition.

Does this make sense?

Blackbird

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pacmanx1 Grand Master

pacmanx1

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It sounds like your claim is being sent back to the regional office that made the decision, so hopefully it will not take too long maybe another six months or so but don't quote me. Hey do you have a docket no. It does not have your personal information on it and this may help us understand better.

Edited by pacmanx1 (see edit history)
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blackbird Community Regular

blackbird

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It sounds like your claim is being sent back to the regional office that made the decision, so hopefully it will not take too long maybe another six months or so but don't quote me. Hey do you have a docket no. It does not have your personal information on it and this may help us understand better.

DOCKET #06-11 191

Blackbird

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vmo Rising Star

vmo

Posted
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Hello everyone!

Question-My case for Service Connection was sent from BVA to Appeals Mgmt Center. They in turn sent me a request for additional info to decide SC, which I sent back to them within 30 days. Then about two weeks later the sent me a letter stating they had ordered an exam at the nearest VA facility.

Does this mean that the Appeals Center has decided the SC matter and are now sending me for the rating portion, or is SC decided by the rating team for appeals from the BVA?

I think I read somewhere that decisions are handled a little differently if they are sent back from BVA???

Thanks in advance for your response,

Blackbird

BBird: Maybe "if" it is noticed that RO screwed things up, they get it back(?). On second thought---Maybe AMC takes care of it when it just needs further development/updated, like current med exam, etc. I'm just wondering cause they never tell ya.

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pacmanx1 Grand Master

pacmanx1

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Wow, it is really hard to say in your case, it does state: The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the

Appellant if further action is required. But in your case the AMC is sending you to a C & P exam. They can rate the claim there or they can gather the information and send it back to the RO to get them to rate it. Either way once it is rated you will be notified and if you disagree it will go back to the BVA

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