Remanded Appeal

[JayBrown1]

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 ?

[brokensoldier244th]

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

[carlie]

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

[Berta]

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 October 29, 2014 by Berta

[JayBrown1]

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.