CAVC Remand

[Bafields1]

I just received a remand from the CAVC, I was informed that now it goes back to the BVA to reach a new decision. Does this mean I am stuck for another five years before getting an answer? Also it never went to trial, the lawyers met and the VA lawyers agreed that they messed up my case and agreed to what my lawyer was saying. Any answers or comments would be appreciated.

[ShrekTheTank]

So the CAVC will give detailed instructions on what the BVA should do.  It should happen faster now that you are through the wait.  Typically there is no long line to get in the door as you are already on the other side.  I am sure there are far better people at describing this, but this is what I understand.

[broncovet]

No.  But there is a 3 month mandate, which is to give you time to submit new evidence, pretty much always permeitted with a remand.  Do you have a lawyer?  Most of the time claimants at cavc are, or should be represented by an attorney, or someone like Alex Graham who is not an attorney, just knows more than all but a limited few top notch attorneys.  

Now is the time to go over the reasons for remand with a fine tooth comb, and to submit an IMO if needed.  

 

[broncovet]

Like yourself, I recently got a cavc remand.  I expect my BVA decision, per court orders, to be in the next six months, probably less.  They have to prioritize cavc remands.  It means the VA messed up.  

[vetquest]

Bayfields1, you can always bypass the three months by request if everything is in order.  I would expect you have an attorney if you went to CVA, let him do what is best.  Good job.

[Bafields1]

Thanks for the response guys, I do have a lawyer and they are going to remand every issue that was brought in front of the lawyers. It has been a long ten years, I am at 50% now for ptsd, tbi and nerve damage due to some IED blasts. Im just curious as to what rating they will give now?

[broncovet]

We dont know what rating, if any, the VA will give you.  Mostly your rating is dependent upon these 2 things:

1.  Whether or not its service conncected which means if you meet all 3 Caluza elements or not.  

2.  Your symptoms, and how they measure up to the criteria.  

Since I dont know if you have all Caluza elements, and dont know your symptoms, I can not opine.