hypertension VARO sent remand appeal back to BVA without adjudicating the entire claim

[Palma114]

The BVA remanded my claim back to VARO, two years ago. The remand order was for VARO to develop and adjudicate my claim, well about a year ago they did adjudicate my hypertension, and about six months ago I had C & P Exams done for my kidney and sleep apnea, so I contact the VARO in June 2016, and reminded them that my remand was

 

about 2 years old, and when were you all going to finish adjudicating it, so they told me, we're trying to get everything together here very shortly. So a month after that, I received a letter in the mail from VARO, stating that we have certified your appeal to the BVA, your records are being transferred to Washington DC.

 

My question is, if the VARO did not adjudicate my kidney disease and sleep apnea, as the BVA remand order clearly stated, aren't the BVA just going to return the claim for those two claim items they fail to adjudicate at the RO. I contact the ro and asked them why didn't they adjudicate the kidney and sleep apnea before returning it to BVA, one of the 

 

supervisors over there inform me that we cannot talk about the claim because we no longer have it, I would need to contact BVA if I had any questions.

[vetquest]

I had a BVA claim where the full remand instructions were not met.  My case was remanded a second time.  The bad news is that it takes longer for your claim.  The good news is that a second remand came back with some pretty strong instructions about what the local board had to do.  Do you have a VSO who you can talk to about this.  If the VA gets their act together they probably have time to get the other C&P done before the BVA rules.