What Is The Difference Between A Vacated And A Remanded Decision?

[emptyshell]

BVA granted me a remand on an 1998 decision they made.

In 2001, I had a BVA decision that vacated all prior decisions... 1999 and two 2001 Board decisions

In 2004. BVA granted me another remand decision.

All these remands and the vacate were due to RO neglecting to follow a 1998 Board decision to allow me a Neurologist and Orthopedic Surgeon. I was going over my 2004 Board decision and I noticed they became quite lax on their remand order now stating to "allow me neurological and orthopedic examinations"

My 2010 Board decision now denies me the entitlement because they state they have all necessary exams to make their decision.

The C&Ps were done by an ARNP again(2008) and not affording me a Neurologist and orthopedic surgeon to do the exams.

Also in the 2010 Board decision..they bring up past C&P exams(again done by ARNP's) and use that as evidence. Isn't a vacated decision a disallowance all previous evidence??

I appreciate any info you can send me....Thanks

[Berta]

"I hope to submit this IMO but I only have till March 3rd to get my Request for Reconsideration out to BVA."

The request to the BVA for Reconsideration has to take the form of a Motion.I posted stuff on that here some time ago-it should be available under a search here.

It is just a minor legal format but one thing you will definitely need is evidence that would warrant the BVA to move and grant the reconsideration.

Your BVA Clock is ticking and the IMO would sure give them evidence that is not redundant or accumulative and would warrant them to reconsider -if the IMO supports your claim and is written properly.

You could raise the point that the remand was "not affording me a Neurologist and orthopedic surgeon to do the exams."

If you had surgery for this specific disability-then I could see your point here-

If you have had extensive neutro testing or MRIs , that too would lead me to see your point-

but the VA- as many here have begun to realize -is becoming hard pressed for C & P doctors - and particlarly those with a specialty such as neuro or ortho background.

They are giving most of us NPs or PAs.

My remand said they needed a cardiologist opinion but I got a PA and knocked his opinion down cold.

It was easy bvecause he did not hacve the expertise that my claim required.Or f he did he did nt rely on the medical evidence I had and gave an opinion that BVA said was s speculative that they disregarded it completely in favor of my other medical evidence and IMOs.

(I think I posted this same type of reply recently here somewhere and hope I am not repeating myself-----which for me- is a waste of my time)

My point is that when the BVA or the VARO gives us a C & P from a NP or PA and is not really in compliance with a remand order-

they are doing us a favor by insuring that, if the claim is medical valid,and an IMO wil support to with full medical rationale - then if we do get an IMO from a real doctor- when they weigh the scales again- Relative Equipoise kicks in and we get an award.

I got my first IMO within a week of sending the cash and the entire clinical file.I had contacted the IMO doc by email and told him, briefly what I claimed and a very brief rendition of some of my evidence.He responded right away with his fee and then called me-all in all it took about 2-3 weeks from my initial contact with him but I had already prepared cover letter and tabbed all medical records and made copies of all SOCs/SSOCs and C & P exams, etc.So I got everything in mail by priority right away to him.He was on vacation when he got my email and said he was so interested in my claim he would review it all while on vacation and get the IMO done.

This is not always the case- 2-3 weeks for an IMO-my last one (the 4th IMO)was not even done when the BVA made their decision.Luckily they refinded some of my fee mney when I informed them there was no further need for it.

You can haggle over the wording of a BVA remand or you can focus on the evidence you need to win your claim.

If I were you I would seek a Neuro opinion first because that could well cover all ortho issues you have-unless you had ortho surgery that could reveal residuals.

Your Neuro IMO doc will need all clinical records to include any MRI narratives.A MRI narrative might be one or two pages long but the clinical entries on the MRI might be more extensive.They will need to review all evidence.

[emptyshell]

Thanks Berta for all your wisdom....very much appreciated.

I am getting that IMO which includes the neurology exam and MRI. I will file a motion and send in the IMO evidence with that. I guess if they still deny me..I will go to the CAVC

Edited February 14, 2011 by emptyshell