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Remand


lp1067

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It means they need more evidence to sway it for a yes or a no!  You are on the fence and it really depends on if the just want a current exam or if something was left out. 

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The remand calls for the VA to do something-

if you give us the Docket # maybe it is at the BVA  web site.

Shrekthetank is right- it could mean they need more evidence-

I had a BVA remand once- I asked the BVA to remand my claim because my VCAA letter was deficient.

The BVA remanded, but instead asked for a Cardio opinion.I had 3 IMos for the claim and they had 2 against the claim. They wanted one more VA opinion- from a cardiologist.

I ordered a Cardio IMO and paid for it. I believed any VA cardiologist would prepare a positive C & P-but I have VAOLA paranoia so I couldn't really depend on any VA doctor at that point.

I got a C & P ( posthumous) from a PA. I immediately knocked it down medically and sent my rebuttal to the BVA.) It did not comply with what the BVA had ordered.

I waited for the independent cardio opinion I had paid for....

Within what seemed to be a short period of time- maybe a few months- a BVA envelope came in the mail. Since I had erroneoulsly received 2 BVA decisions regarding two veterans I didnt know-in the year prior,(I contacted the POAs on those decisions)

I didnt open the BVA envelope for a few days-had lots of yard work to do-In one above decision I contacted the POA to tell them how the vet could possibly succeed.The other was an award. 

But I opened the brown encvelope and it was my BVA award!!!!

The BVA corrected stated that my VCAA letter had been deficient  but that was a moot issue because they awarded anyhow.

I called the forensic firm I had paid for the cardio MO which had not been prepared yet and told them of my award. They refunded about half of the fee I paid.

If we have the Docket #, we can see if BVA posted it yet at their site.

My point- what was the remand specifically for?

And what can You do, as I did, to help satisfy the remand?

The BVA will accept evidence up until the day they make a final decision.

 

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I found one of your past posts:

Is this what the appeal is about?

Did you have your SMRs and 201 file? Have you tried to contact any buddies who could state that you snored loudly inservice?

Were you ever late for duty because you did not sleep well?

Did the C & P doctor give a rationale for the 'more likely than not" statement?

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Is this your remand:

https://www.va.gov/vetapp19/files1/19101209.txt

There are quite a few remands in 2018-2019 at BVA for sleep apnea.

 

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Its my humble opinion that OSA would NOT be remanded by the BVA if you did not have evidence of an "in service event".  They would just deny it.  

The remand suggests you "may" have an in service event, but your nexus exam may be defective, for any one of multiple reasons.  

In your question, you did not say this was a remand for OSA, you also did not say if you claimed OSA secondary to, perhaps, a mental health disorder.  

The reason a claim would not be remanded if you lacked an "in service event or aggravation" is because no amount of development would "cure" this problem.  Assuming you had "full" service records, if they did not document an in service event or aggravation, you cant go back to the military and document that.  

YOU CAN fix errors on a c and p exam, however, with a new c and p exam which could correct such defects.  Attorney Chris Attig discusses defective C and P exams, here:

https://www.veteranslawblog.org/c-and-p-exams/

I think many defective c and p's make it through the board without them even noticing.  However, there ARE errors in the exam which can/may be caught by the board which would require a remand.  

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This BVA REMAND may not be for this Veteran?

He could have OSA (Sleep Apnea) claim secondary to another S.C. Injury or disease   that's a possibility.

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