Process after Remand

[az arr]

Can someone give me an idea what to expect after a remand?  or tell me that if the below is accurate?

 

A.) BVA remands - to determine SC and if SC rating.

B.)  C&P exam scheduled and performed.

C.) After C&P results - what happens now?

      1.)  Local office (or AMC) will make determination  if a.) current  injury, b.) in service event that injured, and c.) nexus between a & b.  

                a.)  if local office makes positive findings of a, b, and c (above)- can the local office issue a rating and give an award? or

               b.)   Local Office forwards the exam to BVA to make a determination - 

 

D.)  After C&P - local office issues an SSOC- which gets forwarded to BVA

 

E.)  BVA - reviews evidence and determines if the three elements as stated in C.)1.) (above) are present.

        1.) if BVA finds all three elements, but no rating was given, BVA remands back to local office to rate - which could (should) result in a new C&P

        2.) if BVA finds all three elements and there is sufficient evidence to rate- BVA rates and issues award (if not no award, and appeal to CVAC)

 

[Short question- does the local office issue award after C&P if favorable- or no matter what does the matter go back to BVA and wait in line?]

 

Thank you

 

 

 

 

[broncovet]

If you want to post the "reasons and bases" for a remand, we may be able to help more.  If you want specific answers, give specific details, or if you just want a general answer, then you need only supply general information.  You have given general information, and seem to be looking for a specific answer.   Have you ordered a copy of your cfile and did you review it?  This will tell much more.  

Ok, you have gotten a  c and p exam.  Did this exam "fix" the reasons and bases for a remand?  Example:  You were remanded for a etiology, but the examiner did not give a nexus.  You are right back where you started, probably needing an IMO.  Again, reading your cfile may help uncover answers to this.  

What you may not seem to know is the "local" VARO doesnt exist anymore, at least not the way it used to.  Stuff goes into a NWQ (National Work Que) and, nationwide, the next available rating specialist works on claim which has reached to "top" of the que.  

This probably may not matter to you, however.  You are probably less interested in the VA claims process than you are in how long it takes to get your rating, and what that rating will be.  

The Board remand itself will give the terms.  Most likely, the board will remand it to the VARO to "cure" some sort of deficiency which the Board notes.  After a VARO decision (theoretically in compliance with remand terms), then you can appeal that VARO decision if you continue to dispute it.  This can go on for a very long time.  (The remand, new decision, appeal, remand again hamster wheel)  

My advice is to go over the remand terms, get your cfile, and ensure that the remand terms were complied with the VARO.  Also, review the file your self and see if you have all 3 Caluza elements documented, as well as your symptoms documented.  

Again if you give more detailed information, we can give better, and more detailed answers.  

 

 

[az arr]

Thank you.  

Reasons and bases for remand:  Original denial did not address my asserted disability simply said it was pre-existing (I had dislocation of shoulder pre-service- however, my claim deals with post surgery limited ROM).  Original claim asserts that in-service surgery aggravated pre-existing disability (shoulder).  Denial simply said shoulder disability was pre-existing without addressing ROM.   Remand asks for VARO to sched C&P to make a finding if aggravation of dislocation and address limited ROM. Furthermore, BVA asks for a rating if appropriate.  

cFile - I requested this when I opened my claim.  Does it change?  should I request another?  why I ask, is it took a year to get my first copy.  

 

C&P - have not had it yet.  

 

Again, thank you for your detailed answer, I appreciate the time you took.  

[broncovet]

It sounds like you had a pre existing shoulder condition.  However, the Caluza elements are (number 2) "In service event or aggravation".  Did you have surgury "in service"?  

Yes, the cfile is constantly changing.  The VA adds new evidence and, my experience is that they delete (often critial evidence).  I have seen mine change a lot over the years.  

Now the VBMS should show the cfile in real time, reflecting its current state.  To get VBMS access, you have to be a VSO or attorney and then jump through VA hoops to get it.  

If the BOard remand required a c and p exam, you simply have to wait for it.   

Yes, "aggravation" could be documented by a (more limited) ROM.  

It looks like you have no choice but to either:

1.  Hire YOUR own IMO and document the aggravation and/or

2.  Go to the c and p exam and hope the doc docuements the aggravation.  

It would be critical to have the evidence both before and after service.  That is what was the ROM before service?  After service?  

[az arr]

Thank you for your time.  Yes, inservice surgery.  

 

Prior to entering Navy, my entry physical showed 100% ROM.  Post surgery all the way through physical therapy it was at a percentage less than 100% (a significant percentage).    My private physician after I filed claim took measurements and these are consistent with my ROM post surgery. 

 

I have not problem going to the C&P.  

 

My question is more limited to what happens next?  If C&P agrees my ROM is limited and if pre-service ROM was 100%, what happens?   I figured out the big picture - but does it go back to BVA to assign rating and issue award, or can the NWC/AMC do the rating and issue award?  

 

VSO - I did not know what these were until I started reading message boards and I called one after I filed my Form 9 - and was told their charter forbids them from acting as a VSO after a SM files a form 9.  Are there any VSO's that can enter an appearance?

 

I really appreciate the time you take on steering me in right direction.  Thank you.