Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
- 0
Strange Remand Question
Rate this question
Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
Rate this question
Question
elcamino_77us
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_77usLink to comment
Share on other sites
Top Posters For This Question
5
2
2
2
Popular Days
Dec 5
5
Dec 6
4
Dec 7
4
Dec 9
1
Top Posters For This Question
elcamino_77us 5 posts
FormerMember 2 posts
TiredCoastie 2 posts
RUREADY 2 posts
Popular Days
Dec 5 2014
5 posts
Dec 6 2014
4 posts
Dec 7 2014
4 posts
Dec 9 2014
1 post
Popular Posts
FormerMember
<<<<The SSOC I got mentions nothing about a Decision at the RO and sent it back to the BVA for my 2008 BVA decision.>>>>>>>>>>>> The regulations
TiredCoastie
Just a thought, Elcamino, about your VSO's rep. That guy has a boss. Engage the boss and you may find the "on switch" to getting something done on your behalf. That strategy has worked for me in th
FormerMember
Posted Images
13 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now