Questions On "joint Remand"

[broncovet]

I came across an old post about Joint remand. It seems that this may help a Vet. Does anyone know if we can request a Joint remand, since it sounds like it would go through faster..not having to go through the court. It kind of sounds like the VA equivilant of a "plea bargain" or a "deal". Also I would like to know if "joint remands" apply to all levels of appeal..DRO, BVA, CAVC, Federal court, etc. thanks VAF
Here is the quote explaining joint remand:

In a joint remand, the appeal never reaches the Court, so to my understanding, the attorneys can settle for a compromise based on whatever the grounds for that compromise may be. The Court to my knowledge doesn't normally derail a joint remand sending an appeal back to the Board, whatever the grounds.

One of my husband's appeals to the Court ended up in a joint remand back to the Board, and it was for a lumbar spine rating based solely on range of motion arguments, without the Board mentioning DeLuca. It went back to the Board, the Board gave an additional rating percentage, but we're not happy with the effective date, so we're awaiting another Court appeal. Ricky's right, I also saw discussion of DeLuca in the Board decision, so it appears the Board did take that into consideration, perhaps not sufficiently, which is where your attorney is going to earn her fee.

However, if the appeal does reach the Court, the Judge (or panel of Judges) does exactly what Ricky states -- the Court does not consider arguments on medical evidence or awards ratings -- they strictly deal with the legal process; a "win" at the Court sends it back to the Board to re-evaluate in accordance with the Court's directive. A joint remand achieves the same thing, only in shorter time, without the risk of the Court denying the appeal.
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[Pete53]

In 1996 I called the BVA and told them that I wanted a hearing on my case. The guy actually begged me not to do it but as by reg a Vet is entitled at any time to a timely hearing they did it. The dumb ass VARO thought it was a remand which to me proves that they don't read what is in the C file

I know that it does not fit your question but it is something to think about.

[Berta]

Yes-that is correct info.

The best way to get a joint remand is have a lawyer representing you on the CAVC appeal and they can negotiate this with the CAVC.They have to raise an argument persuasive enough to get the compromise or as they call it- the joint remand.

Since the court only considers the record on a legal basis- then a remand can open the door for more medical evidence and other types of evidence .I would not necessarily think that this 'speeds up" anything.

Some lawyers would probably raise the remand issue to the court early in the CAVC route.Probably they would mention it n their brief to the court.

This is solely my opinion..... Before the time a case gets to the CAVC,EVERY single avenue of searching for evidence should had been exhausted.

Only a joint remand can open the door for more evidence.

I would think a lawyer would have to raise a very probative reason for the court to remand the claim. Otherwise all CAVC cases could be remanded and thus no need for the CAVC at all.

I worked with a lawyer on a CAVC remand.

I was thrilled he even got the remand. We both found 2 critical errors the BVA had made in the decision and the court had to remand on that basis when he raised these errors.

The problem was- and I was very honest with this lawyer-is that the case was awful- there was no basis whatsoever for the claim.I gave suggestions for the vet to find more potential evidence after the remand took place but the fact remained-this was not a good claim and the veteran had done nothing as far as research or lots of leg work, to even try to prove his case.

Certainly some CAVC cases are Very successful and many become precedent setting opinions.These claims had well established medical and nexus information and the BVA legal errors that CAVC found caused the claims to turn around completely.

I think having a lawyer at the CAVC who attempts to raise the joint remand issue is always a very good idea if the lawyer can find ( as me and the lawyer I mentioned) can find legal errors in the BVA decision probative enough to warrant the remand.

[broncovet]

Thanks Berta.

It sounds like a "joint remand" only applies when the Veteran is represented by an attorney, and only at the CAVC or above level.

However, from a more practical point of view, I have heard about instances of the VA "making a deal"..that is, they admit the Veteran "has a case", but they want a compromise giving him "half a loaf" rather than none.

Have you heard of Veterans "offering a deal" or does that have to come from the Va, or does the VA not "offer deals"? Just curious..I would love to get this settled sometime in the next 10 years or so..sooner being better than later.