Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Remanded Appeal


JayBrown1
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

I have an Appeal that was Remanded back to the RO and it has now been sent back to the BVA.

My question is, what is the process as to how I will get the final decision? Since the Order stated , by law Remands are subject expeditious treatment, will my Appeal start like a new Appeal or will it go directly to the VLJ for decision ? Has anyone gone through this process and if so how long did it take before getting a decision ?

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0
  • HadIt.com Elder

It took mine about 2.5 months. Remanded end of July, decided again mid October.

Link to comment
Share on other sites

  • 0

If the VLJ feels the remand has been followed and completed as instructed their

underling law-dogs will make a decision and the VLJ will sign off on it.

No way to tell how long this will take.

If you have a VSO - check with them as they should know something before you do.

Hope this helps a vet.

jmho

Link to comment
Share on other sites

  • 0

If it was remanded for another C & P did you get a copy of the C & P exam?

On a BVA remand I got a posthumous C & P that I rebutted directly to the BVA. I already had 3 IMOs in support as well as considerable other probative medical evidence.

It took about 4 months after the remand to get an envelope from the BVA...I thought they sent me someone else's decision, I had already gotten 2 BVA decisions by mistake. over the years and sure didn't think they had decided my case yet.

But they did. It was an award.and they agreed with me that the final C & P was based on mere speculation.and had no merit.

As I have suggested before here..... try to follow the remand yourself......and I already rattled off what I mean by that.....

basically if BVA calls for something you can do, as well as if they ask the RO to do it, it sure might not hurt to do it your self....

Say BVA says to contact some Army procurement department or maybe asks the RO to obtain a Morning Report or , in my case, asks RO to get a cardio opinion , sometimes these are things we can do as well (or better then ) the RO.

I was remanded for a cardio opinion and ordered another IMO and paid in advance for it. I sort of jumped the gun.

Because I called the VAMC and found out this posthumous C & P was going to be done by a PA and not a cardio.

The IMO place refunded most of my money however because I got the award before their cardio doc prepared the IMO and

obviously another point I made to the BVA to rebutt his C & P exam was that he was not qualified to opine on a cardiac issue.

I know more about cardiology then he did and my C file which the VA had ,with past awards in it, proves that.I made that point on rebuttal as well.

We can send BVA more evidence and info right up to the point they sign off on the decision.

I did not file a Waiver of VARO consideration (which many of us should sign) because I myself had asked for the remand due to a VCAA violation.and I didnt expect to get another C & P ordered.,after the first 2 they did.

Edited by Berta
Link to comment
Share on other sites

  • 0

No, they didn't request a c&p just further development by the RO. The original started in May 2003, it was denied in July 2005 and the I filed an Appeal in Sep 2005 and here it is in Oct 2014 and I am still going through this circus of events.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>