Can The Va Open A New Appeal?

[justrluk]

I was checking eBenefits this morning to try and get payment status for GI Bill to school. I happened to check Appeal Status and found a new appeal for a condition mentioned in the remand from my last appeal. Is this normal? Also, I had an appeal in for this condition, but asked that it be pulled as I thought it was holding up the other (more important) appeal. The remand stated that the VARO had to issue a SOC. Now what???

[justrluk]

Bump...

[carlie]

I happened to check Appeal Status and found a new appeal for a condition mentioned in the remand from my last appeal. Is this normal?

Yes, this is normal.

[justrluk]

Thanks, Carlie!

[broncovet]

I respectfully dissent from Carlie's opinion..either that, or at least one of us does not get the question.

The BVA only has jurisdtiction over claims and issues given to them by the Veteran which begins with the Veteran filing a nod on the applicable issues.

The VA can not appeal its own decision...or even issues within the decision, at least not at the BVA/CAVC levels. The appeal must be initiated by the Veteran or his representative.

However, as Berta has succinctly pointed out, the VA can CUE itself. This, however, would be handled at the RO/DRO BVA level.

The VA can, however, initiate appeal on the Federal Circuit level.

[justrluk]

Bronc,

In the remand from my hearing/appeal, the VARO was directed to issue a SOC for another item I had appealed (GERD) but then withdrew. I didn't want the GERD appeal (I really don't think it was worth the effort for a 0 or 10% max rating) to slow down the bigger issue on appeal. Yet, after going through my file the VLJ must have seen the VARO never issued a SOC for GERD and subsequently ordered it in the remand. Goofy... Also, the remand is going to drive more C&Ps. I had a C&P for the GERD issue not long after I filed the appeal, but it looks like I may have to go through another C&P for this. I'll also have to wait for a C&P for arthritis. The remand stated that this C&P should be scheduled during a flare-up to understand the full impact and limited ROM the condition creates. This would mean going off my 3 meds for arthritis and risking serious pain in order to satisfy the remand. Cruel if you ask me. Either way, I didn't file this other appeal yet here it is. Maybe this is the VARO's action to issue the SOC?

[carlie]

I was checking eBenefits this morning to try and get payment status for GI Bill to school.

I happened to check Appeal Status and found a new appeal for a condition mentioned in the remand from my last appeal.

Is this normal?

Also, I had an appeal in for this condition, but asked that it be pulled as I thought it was holding up the other (more important) appeal.

The remand stated that the VARO had to issue a SOC. Now what???

Just because we request an issue to be "pulled" doesn't mean that the VBA acknowledges

this request.

Many times and for several reasons they continue on and complete action on it.

Your request that the condition be pulled, could be lost in the file, crossed in the mail, etc...

Being that at some point, you had began an appeal for this condition, is why I state it would be normal.