Amc

[add55p]

Questions:

1. When is a BVA decision considered closed?.

2. Does BVA send denied appeals to the AMC to hold until the final denial after submission of new evidence?

3. Or Does the BVA send denied claims directly to the veteran and bypass the AMC?

If waiver of reconsideration by AOJ was sent to BVA, will AMC send claim back to RO for Remanded issues?

4. Will BVA send the veteran a copy of the remand?

Thank you..

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[broncovet]

1. The BVA decision would be closed when the decision was mailed to you, unless its a remand with instructions to send it back to BVA.

2. No. If its denied it does not go to AMC. Amc is mostly for remands.

3. 38 CFR 3.103 requires the Veteran receive written notice of a decision, regardless of the outcome, remand, award or denial. There should not be an instance you do not get a decision, (of course there are errors, usually when the VA does not have your current address).

4. Yes, you should get a copy of the remand, denial, or award in all cases.

Understand one decision can be denied, remanded, or awarded, or any combination of the 3, since you may have more than one issue. You could be denied one issue, remanded another, and awarded a third issue, like what happened to me. There is a fast letter concerning "partial grants" that says, to the effect, the VA has to pay you and can not delay a partial grant awaiting the outcome of the remand.

Im not sure you understand "waiver of RO consideration". This is so the Board can decide the claim if they feel compelled to do so. Otherwise, the board can not decide certain issues, and must remand it to the RO. It saves time. I always recommend you sign the waiver.

Edited April 25, 2015 by broncovet

[add55p]

Broncovet

Thank you very much for the detailed response.

I had three conditions. I was pretty sure about 1 (80-90%) and not too sure about the other 2 (30-40%).

Question:

If it is a partial remand and partial denial, will the BVA decision notify me of the denials in the first decision letter and only have the AMC work the remanded issue?

As I understand it, I would have to continue the appeal process for the denials..

Thanks again for the information..

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[broncovet]

No. You should always get a decision, regardless of whether it contains a remand or not. Your decision will contain specifics on why its a remand, even if its a partial remand.

If you get a partial grant, too, there is a fast letter explaining that VA should go ahead and pay you for the award, and then you wait for the outcome of the remand. If you like you can appeal any denied portion.

You dont appeal any portions which are remanded..only those which are denied or awarded! (you can appeal the effective date, or disability percentage on an issue which has been awarded). You simply have to wait for any remanded portion, because it means you will have another decision coming after the remand is completed. Example:

Your issue #1 is granted upon appeal. Issue number 2 is remanded for a C and P exam as the board feels a C and P should be done as you dont have a valid nexus but have everything else. Issue number 3 is denied.

You will receive a decision spelling out the reasons and bases for each. You should get a regional office decision (supposedly soon) which implements the Board decision. It should pay you for issue 1, and list an effective date, explain they are working on the remand for issue 2, and that issue 3 is denied.

You may appeal 2 out of 3 issues:

1. You can appeal the effective date on issue one if you think the date is wrong. 3. You can appeal the denial of issue 3. However, you can not appeal issue 2 that is remanded until such time that the VARO orders a c and p exam and issues a new decision on item 2. If you dont like the outcome you can appeal that decision also, when it arrives.

Edited April 25, 2015 by broncovet

[add55p]

Broncovet

I understand..

Thank you again for the quick reply and to the point answers..

Take care!

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[FormerMember]

There are two types of remands and where they go is determined by their nature.

Scenario #1:If you filed a Waiver of Review in the first instance with the VA 9, any remand requiring more evidentiary development would route through the AMC. After all, they are the BVA's "private RO". If your claim needs, but lacks, a copy of the SSI/SSD records for TDIU and the RO forgot to do it, the AMC will obtain them, make a new decision and, if they deny, issue an SSOC and return it to the VLJ for readjudication. Depending on the outcome, it will generally follow #2 below.

Scenario #2 would be a grant. If the VLJ grants the claim, it usually is returned to your local RO for a rating determination. The BVA sent mine to the AMC because they delayed giving me my benefits for 21 years. I guess they wanted to put paid to it quickly (nine days). My case was rather extreme so it cannot be used as a harbinger of a normal one.

The BVA issues denials directly from DC. There is no need to return it to the RO for denial logic. Trust me. The VLJ's staff attorney will supply that faery tale.