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Remand

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Therapist1

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I got the usual brown envelope with a lot of information that I did not understand. It told me that two of my request had been

determined not to be service connected and two others that I had been denied were being remanded. The explanation of the

remanding was not clear. Can anyone please explain what it means to have my file remanded?  

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This means that the BVA did not think your claim was fully developed or there was an error in determination that they believe the RO should correct.  Please redact all personal information from your remand and post here so we can chime in and assist you.  We have some very seasoned people here that will help.

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Yes- if we can read it we can help more....and there might be a way you can satisfy the remand yourself.

Vetquest is correct- a remand is a often  "re-do" of something they didnt do, 

and far better then a denial.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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A remand means that your claim was "sent back" to the VARO to correct "one or more defects" the board found.  A remand is not appealable as its not finally adjuticated.  

Your VARO will be required to "implement" the Remand, that is, to comply with the BVA's instructions and fix the error or errors the Board identified which caused the remand.  

One example, is that the Board will sometimes "remand" a claim because of a defective, or missing c and p exam.  The examiner, for example, may NOT have opined:

1.  The etiology of your ailment.  For service connection, you need to show it was caused by an event in service, and if the examiner made no opinion, then an opinion is required.  (Sometimes the board will just deny if the c and p exam was ambigious, but the CAVC overturns those, too.) . 

2.  The symptomology.  If you had all 3 caluza elements, your symptoms must be defined so that a rating can be determined.  

      There are many, many reasons for a remand.  Mostly, you need not concern yourself EXCEPT that a remand gives you an opportunity to submit "new and relevant" evidence to substanitiate your claim.    You should keep an eye of the reasons for the remand so you have a chance to fix any deficiencies in your claim, such as getting an IMO.  

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