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BAV appeal


shrekthetank1

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So I may answer my own question here and I think I am correct.

When a remand is sent from the RO back to the BVA is that the RO suggesting what to do?  I thought once they put that on their then it was implemented, but it makes sense this would be for the judge to look at.

If so then I understand why I am not at 100% yet.  

The judge approved the % today and also sent the date back to 2013 which would be correct.  

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You submit a claim to the Regional Office (RO).  The RO either approves your claim or denies your claim.  The RO needs to state the reason for denying your claim.  You disagree with the RO and you file an appeal the the Board of Veterans Appeals (BVA).  The BVA judge either agrees with the RO or agrees with you.  If the BVA agrees with you they Remand your appeal to the RO with instructions as to what the RO needs to do. 

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Yes so the remand came back to the BVA and the judge agreed to the percentage.  The issue I had was the RO already put it at 60% on my paperwork, but I am assuming until It comes back from the judge (which he just approved it) then I will be implemented?  

Also Should I hear about P&T in this decision?  It does bump me to the 100% club

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Usually when a remand is completed they either award you benefits or deny benefits.  Your package can then be sent back to the BVA for the BVA to accept the decision or override the denial.  

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So they did award it from the RO and I assumed at that time it had been applied, but it would have changed the rating.  The judge just granted it with the proper EED, so I am assuming the RO did not implement the decision and will now do it once it comes back from the judge?

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Something is amiss, here.  VARO does not send issues remanded "back" to the BVA.   You "may" be getting bad information, possibly from ebenefits or from a VSO.  

Its not the VARO's place to dispute the orders of a judge (even tho the VARO does not always do what the BVA judge says.  If they dont, you can file a writ of mandamus to compel the VA to comply with the BVA remand order.)  

Im guessing you are upset about how long its taking VARO to implement the BVA remand.  Those used to happen fast, now I think the remand time factor is more than a year, if I recall the latest BVA Chairmans report.  

And, even after a Board decision is reached, there is finalizing that goes on there first, also, so it may not be sent to be implemented right away, either.  

Delays are VA's second favorite thing, after denials.  "Remand" is Lithuanian for "delay".  

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So the RO completed the remand instructions and then updated ebenefits with the 60% rating of what I assume is their recommendation of where the claim should be.  I am assuming they should not have done this until the judge reviewed the remand and granted or denied it?

I am not upset about the time.  I am confused as the RO put that percentage in there and it was never applied.  My guess is the rating does not get applied until after the judge approve or denies what the RO has done? I believe you answered it here "And, even after a Board decision is reached, there is finalizing that goes on there first, also, so it may not be sent to be implemented right away, either"

Thank you!

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