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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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I sent the Commissioner of the Georgia Department of Veterans Services a Letter last December. One of his Deputy Directors gave me a call while I was in a meeting at work and left a voice message stating he would call me back. He never did!!! I tried to get in touch with him but ended up back at my poor excuse for a rep. I've called the Governors Office three times. After the first call, I had a call from a Senior Rep, after talking with him and being assured that he would help me, I didn't hear back from him until four months later when I had to call the Governors Office the second time. When he called then, he promised to call me back within 24 hours. That was over two months ago. I have since called the Governors Office for the third time and explained what was going on. At this point, I'm going to write a nice message to the Georgia Representatives that sat on the Georgia's House Defense and Veterans Affairs Committee which oversees the Georgia Department of Veterans Services along with all of the other Reps.

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