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Strange Remand Question

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elcamino_77us

Question

I just noticed this and was wondering how it effects my current claim and other cases.

In my 2005 BVA this was written:

4. Thereaer, the R0 should again consider the veteran’s pending claims in light of any additional evidence added to the record. In readjudicating the
veteran’s increased rating claim, the R0 should take into consideration 38 C.F.R. §§ 4.14, 4.40, 4.45, 4.59, and the holding in DeLuca v. Brown, 8 Vet. App. 202, 204-7 (1995). If the benets sought on appeal remain denied, the appellant and his representative should be fumished a Supplemental Statement of the Case and given the opportunity to respond thereto.

The way I read this is that the case was remanded back to the RO for a New C&P Exam along with any additional evidence then it was to go back before the RO for a decision. If my claim is still denied, then I am to receive a SSOC and the Case be forwarded back to the BVA.

However, the RO never issued a New Decision, it just sent me a SSOC and sent the claim back to the BVA.

Am I missing something here???

Thanks

Billy

Edited by elcamino_77us
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Elcamino: What Ask said! I gotta ask you, after all this jerking around with bad VSO representation and appeal hanging all this time, have you or have you not had a couple "Free Legal Consults" with VA accredited Attorneys? What are you looking at Retro wise? 20% of $100K would be cheap legal fees to get $80K in the bank. Time is Money and you want to be able to enjoy it. It might be time to call in the Law Dogs and get this puppy put to bed. But then again, it's your time and money, and ultimately your decision.

Free info wise, your referenced 05 Remand to the VARO resulted in you receiving a S-SOC, right. From my understanding of the VARO regs requiring a Denial Review when any New and Material Evidence is received from any source during the appeal period, it appears that your Remand didn't produce anything "New" to change the Denial Decision originally determined by your VARO rating Dept. The S-SOC is only issued when the N&M Evidence has not changed the original decision after being reviewed by your VARO's Senior raters or DRO's in conjunction with the "Deference" given to the original rater's decision.

Semper Fi

Gastone

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That is troubling. I just talked to a Vet friend that was told the same thing, in so many words. He and I had discussed his 8 yr BVA battle this past year. He's got a real hard on for the VA and as it turns out, he's looking at a relatively small SMC K retro award, if it finally goes his way. I told him I thought he might have a hard time getting an attorney due to Retro $ involved. The attorney said they just couldn't handle his case due to their current BVA case load but advised him to continue his appeal. We talked this afternoon and he was all jacked up at the attorney and the VA for putting him through this. I tried pointing out that he had agreed with me that his lack of followup and knowledge allowed poor VSO Reping get him into this BVA Appeal situation. We talked about what he has and is currently getting from the VA as far as IU and state property tax exemption. He agreed that if it weren't for his VA IU Comp he'd be in a real Financial trick bag.

Semper Fi

Gastone

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Good one, Asknod. The key is finding the boss, by the way. However, if you work your way high enough, there ought to be someone who will make the rep do something. Will that something be effective? OK, can't promise anything there!

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