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Guest ScareCrow

Questions on BVA, Pending Case Dispatch, Administrative Case Processing and Remand?

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Guest ScareCrow

 

Hello,

  My VA Appeals at the BVA were going back and forth between -Pending Case Dispatch to -Administrative Case Processing to Your Case is with a Veteran Law Judge and this happened several times until now, to this.....-'Remanded Appeal Your appeal has been sent back for further development by the Board to the Appeals Management Center or to the office that made the original decision on your case'.

So my questions are:

1. Since I have several SC items in this VA appeal am I to understand correctly that each SC item in my claims being examined by the VLJ made a decision on each item then returned that particular SC item back to the VARO to carry out whatever the VLJ ordered, would that be correct?

2. Concerning the -'Remanded Appeal Your appeal has been sent back for further development by the Board to the Appeals Management Center or to the office that made the original decision on your case', does this mean that I lost whatever particular SC item this was attached to in my VA claim?

3. Am I correct in that the BVA does not issue awards, benefits, etc, but will instruct the VARO to do so?

Thank you and regards,

ScareCrow

Edited by ScareCrow

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Yea..it sounds like you found out first hand how unreliable ebenefits actually is, you have no choice but to wait on BVA decsion.  If its a remand, you can not appeal it, as its not final.  You have to wait until VARO complies with the remand order.  EXCEPTION:  Many appeals have multiple issues.  You can appeal any denied issues, and, you can appeal "granted issues" if you dispute the percentages or effective dates.  

However, as far as issues addressed by the remand, you have to wait until that is finished to appeal.  

Example:   

You get a BVA decision on 3 issues.

1  Your issue of  PTSD and is remanded for a c and p exam.  

2.  Your issue of a knee condition is denied.  

3.  Your issue of a back issue is awarded, at 20% effective Mar 1, 2017. 

      In this example, you can appeal numbers 2 and 3 as they are final decisions, but can not appeal your PTSD..you have to wait for the results of the VARO implemententing the remand.  

Edited by broncovet
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On 7/20/2017 at 5:06 PM, broncovet said:

In this example, you can appeal numbers 2 and 3 as they are final decisions, but can not appeal your PTSD..you have to wait for the results of the VARO implemententing the remand.  

ON THIS QUESTION,,, DO VETS HAVE TO WAIT FOR THE GRANTED PORTION TO BE PAID TO THEM ? LIKE, NOTHING CAN BE DONE ON GRANT/AWARD UNTIL A REMAND IS COMPLETED OR CAN varo DO THE GRANTS WHILE WORKING ON THE SEPARATE REMAND?

Edited by paulcolrain

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The VA published a memo, I was looking for it the other day.  No.  They are supposed to pay you right away with a partial grant.  

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