How many times can BVA remand same issue?

[MrRob]

How many times can same issue be remanded? The first letter from the BVA remanded my issue and sent me for a C&P exam. I went to the exam and now I received a letter it states that they remanded it again for an extra-schedular rating consideration. It says it has been referred to the Director of Compensation and Pension Service or Under Secretary for Benefits for consideration of whether the additional symptomatology warrants an extra-scheduler rating. I called the 1800 number to see where my claim is and where it is going but they have no idea. I also called my local RO in Houston Texas and they said its a jurisdiction issue. What that means I have no idea. Has anyone had this issue on this site any info will be appreciated.

[Jerrel]

A girl at the AMC told me about 6 Mo ago she knew of claims that had been remanded

15 times and more so start praying..

[Fat]

Send the "waiver of regional office consideration" paperwork.

[bluevet]

How many times can same issue be remanded? The first letter from the BVA remanded my issue and sent me for a C&P exam. I went to the exam and now I received a letter it states that they remanded it again for an extra-schedular rating consideration. It says it has been referred to the Director of Compensation and Pension Service or Under Secretary for Benefits for consideration of whether the additional symptomatology warrants an extra-scheduler rating. I called the 1800 number to see where my claim is and where it is going but they have no idea. I also called my local RO in Houston Texas and they said its a jurisdiction issue. What that means I have no idea. Has anyone had this issue on this site any info will be appreciated.

Mr. Rob, do you have an attorney on this?

[lotzaspotz]

It sounds like it may be a denial under regular schedular criteria, but they are reviewing the appeal to see if your circumstances qualify you for extra-scheduler consideration that would otherwise grant you benefits.  My understanding is that granting extra-scheduler benefits is the exception and not done with any degree of frequency.  There is no formal limit to the number of times an appeal can be remanded.  I've seen where it took so long for the Board to hear an appeal that the C&P exam related to the case was too old, not considered "contemporaneous" as required by law, and the remand was issued for the purpose of getting a new one.  Then there's the situation where the Board issued a remand, but the RO didn't follow the Board's instructions, and the Board gave the RO a pass on it, which resulted  in the appeal going to the Court of Veterans Appeals, which caught the error and remanded the appeal back to the Board to be corrected.  That happened to one of my husband's appeals, which is still sitting with a VLJ at the Board, and that's with an attorney.  So, yes, you can find yourself going up and down the RO/AMC-Board-CAVC ladder numerous times.

 

 

[vern2]

How many times can same issue be remanded? The first letter from the BVA remanded my issue and sent me for a C&P exam. I went to the exam and now I received a letter it states that they remanded it again for an extra-schedular rating consideration. It says it has been referred to the Director of Compensation and Pension Service or Under Secretary for Benefits for consideration of whether the additional symptomatology warrants an extra-scheduler rating. I called the 1800 number to see where my claim is and where it is going but they have no idea. I also called my local RO in Houston Texas and they said its a jurisdiction issue. What that means I have no idea. Has anyone had this issue on this site any info will be appreciated.

contact Ms. Allison Hickey, as she is the Under Secretary for C & P. Her email is: allison.hickey@va.gov 

[bluevet]

contact Ms. Allison Hickey, as she is the Under Secretary for C & P. Her email is: allison.hickey@va.gov 

I fail to understand how contacting the Under Secretary could possibly make a difference in this case. Everyone seems to be recommending this so often these days, I'm wondering if we're just going to end up clogging her email box, so nobody gets help from her office. I could be wrong, but it seems like her email is popping up in far too many threads lately.