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.

[lotzaspotz]

There may well come a day in the near future when contacting Gen. Hickey or Sec. MacDonald will no longer be productive, but so far, many veterans have been helped, while others have either not received the answer they wanted to hear or never received an answer at all.  I agree about this particular case not being a good candidate for her intervention, only because it looks like extra-schedular consideration is in play, which might end up working to MrRob's benefit.  It hasn't played out to a conclusion yet, so there's really nothing for her to address.  At least it appears the BVA is either trying to find grounds to award a benefit, or establish grounds to explain why extra-schedular benefit cannot be awarded.   In the latter case, the information is useful so the veteran can rebut it if he appeals to the next step, the CAVC.

Two remands is not an unreasonable number.  If MrRob is denied in the end, he should appeal to the CAVC, and at that point, I normally recommend a veteran get an attorney because you can bet the VA will have a few of their own ready to fight.  JMO.

Edited August 30, 2015 by lotzaspotz

[Gastone]

Remanded for Extra-scheduler rating by Director of Comp could be a very good thing, think possible IU rating.

Do you really care how many Remands it takes to get your Award? I'm not up to speed on your Appeal issues but a Remand or a number of Remands is better than a "Continued Denial" trip to the CAVC.

Could be wrong, limited experience but I've only read about "Extra-scheduler Referals" related to IU Awards.

Semper Fi

[Guest]

Mr.Rob, unfortunately you are the Ping-Pong ball on the Ping-Pong table and there is not a lot you can do about it. Several years ago my RO denied one of my claims,  I thought it was a slam dunk.  I appealed to BVA and they remanded my claim back to the local RO twice trying to get my local RO to grant my claim yet the local office still refused to grant my claim even though my records proved that my condition should have been service connected years ago.  After the local office denied my claim the third time, BVA decided to deny my claim also.  I then got  a law dog and went to CAVC and my claim was remanded back to BVA and at that time my claim was granted by BVA but BVA sent my claim to the local RO who screwed up my effective date and rating percentage.  It has been well over ten years trying to get this one claim completed and rated properly.  I understand your frustration and the only thing I can add is don't miss any suspense date that VA gives you.  Even if you feel they already have the information, send it again and again if they say they need it.  It sucks, it sucks and all I can say is it sucks.

Just think BVA remanded my claim twice to get my local RO to do the right thing and grant my claim but when they refused the BVA turned around and denied my claim also.  WTH, BVA remanded my claim to get my local office to grant my claim and they didn't and then BVA denied my claim.  If I had not went with my law dog I would have lost my claim and my benefits for any retro payment.  It is really sad. So to answer your question, VA can remand your claim as many times as they choose to get all the evidence they need or they get tired of playing Ping-pong with your claim.  Sorry not trying to be a downer, it is what it is.

 

[Berta]

I agree with someone here who said this is not necessarily a bad thing....If you go to the BVA web site and seacrh under Extraschedular consideration you will see what I mean.

Remands....I have seen multiple remands at the BVA usually for stiff the VARO should have done but didnt ( I wonder how many times these claims appear in the backlog stats?)

But remand also contain what the VA needs, that sometimes the veteran can obtain themselves.

For example BVA told a vet friend I know to obtain some specific records to prove his exposure to Mustard gas in service. I googled tyhe place BVA mentioned in the remand and fgound an email addy for the person who would be handling this type of information request from the VARO. The vet h8imself emailed the person and got a reply but since then I dont know what happened, as he is still  on a MJR from the court.

Another thing is that sometimes BVA remands for a specialist opinion (they did this to me in 2009) I was thrilled because they remanded for a cardio opinion which I knew would support the claim. Then I go0t leary of any VA opinion and ordered a cardio opinion myself.

But even before the IMO was prepared, I got a copy of the  C & P results....the opinion was done by a PA, not a cardio doc and I immediately wrote to the BVA that the opinion was too speculative and pointed out why.I had 3 IMOS at that for the claim and BVA wanted 3 against.MY IMOS knocked down the 2 against they had and BVA accepted my rebuttal on the 34rd VA opinion and awarded.

I had jumped the gun and paid for a cardio opinion that I didnt need, and I got the award before the IMO doc had a chance to prepare it...Nevertheless, if the VA had actually gotten a VA cardio, and if their opinion was bogus, I had already followed the remand  myself and would get what I knew would be, a supportive cardio IMO.

I think vets should question whern a remand calls for a specialist but they get an opinion done by a non specialst.

If you know your disability well, and can prepare a lay medical rebuttal with evidence, the BVA might well determine the C & P was too speculative,   and then disregard it when they weigh the evidence for and against the claim.

MOST remands, in my opinion, however involve a re do of what VA should have done in the first place..which is .a disgraceful cause of a big part of the backlog.

Try to follow remands yourself to obtain what VA needs.