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Va Non Compliance With Remand
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broncovet
Berta posted:
I have advised here to vets to follow the remand yourself in many situations.... meaning ,don't depend on VA to do what the remand calls for....
That worked for me in 2009 and I got a favorable decision within a few months after rebutting a C & P they remanded for and I ordered another IMO.
The award came before I even received the 4th IMO because I rebutted successfully and sent the rebuttal and more evidence directly to the BVA.
If BVA remands for more info from NARA, private doctors, any DOD or Military department, etc etc, it is always possible that the RO never complies fully with the remand.
Yet in the time a BVA remand can take we all have time to follow up on what BVA says the claim still needs.
end Berta quote.
Thanks, Berta, for that advice.
Yes, I find the VA's non compliance with remands more than a little frustrating. I mean, think about it. You file for benefits, they are denied. You appeal and get a remand, so what does VA do? Oh, yes they ignore what the BVA tells them to do.
I do like Berta's idea of using this to the Vet's advantage, but am not sure exactly how to do this and will humbly ask Berta what to do. Of course, you can send VA letters, but they usually do not respond to those, either.
I guess Berta is suggesting sending the "evidence" direct to the BVA. In my case the BVA said the VA had to do a C and P exam for IU, which, after 2 years they have not done. I guess Berta is suggesting I write to BVA and ask them why the RO did not comply?
Thanks for your input.
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