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Can Anyone Explain?


JayBrown1

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I got a letter today on my remanded Appeal. It stated that my Appeal was certified and released to the board of appeals Washington DC. On Ebenefits months ago it stated my appeal was certified to the board in October 2014. Does this mean the RO is just sending it? I have always saw where it says certified to the board but I haven't seen it saying certified and released. Just wondering if there is anything to this letter besides pacifying attempt to make me feel better!

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Im guessing by a "remanded appeal", you mean you won a remand from CAVC, which was remanded back to BVA. Or, maybe you meant the BVA remanded this back to the RO. It sounds like the former, as you indicated "certification to the Board".

Remands are one of the most frustrating things about VA. Often "remand" is a code phrase for "Welcome to the hamster wheel", since your case can be remanded multiple times. Its possible, or even likely, for example, you appeal a Board Decision, because they failed to give a reason and bases for decision. Ok, it can go back to the board, and the Board can say, ok, "here are your reasons and bases for denial". Then, you can appeal THAT denial...and play, "Dancing with the Board"..sometimes for decades. They can fight you on service connection, disability percentage, effective dates..and each of these can require a seperate 4 year long appeal. Then, you can submit "new and Material evidence" under 3.156, and VA can fight you on that, too, sometimes just plain forgetting about your case virtually forerver, if you let them get away with it.

For me, I would mostly prefer a denial to a "remand entry ticket to the hamster wheel". It does not work that way for every remand, and remands do give you the ability to add new evidence, so, it can be good.

At least "some" of the remand hamster wheel can be avoided by giving BVA a "Waiver of RO consideration". Then, the BVA can decide your claim instead of remand it. I always recommend a waiver and use them myself. Absent a Waiver, the BVA can not decide your claim in the first instance..it has to be decided by the RO, and then you have to appeal it if you dont like the outcome.

If you have not sent a waiver, then I would strongly consider sending one, unless you like hamster wheels.

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Great advise on the waiver Broncovet and, as I have been saying if you can follow the remand yourself (meaning do whatever BVA ordered the RO to do,unless it is a new C & P they ordered (, then maybe time the for an IMO)

you might find you can send the BVA the evidence the remand called for and maybe get resolved sooner than later.

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