BVA Appeals - Do they go back to law judge if approved?

[MKAH]

Hi everyone,

I have a PTSD claim that eventually went to the BVA on appeal.  The law judge remanded my claim back to the RO for a C&P, which happenedd roughly a year ago.  Then a few months ago the RO ordered a records review by the same C&P examiner.

If the RO determines my ptsd claim is service connected, do they send it back to the law judge for further review, or does that only happen if they rule it not being service connected?

 

Thank you

[broncovet]

No.  The BVA makes the ruling and the VARO is supposed to implement it.  

"If" you dont agree with the VARO implementation, you can then appeal it to the Board.  This is the Remand hamster wheel some have spoken of.  

I have been riding the remand hamster wheel, and dont recommend it, unless you have no choice but to give up which is worse. 

[pacmanx1]

2 hours ago, MKAH said:

If the RO determines my ptsd claim is service connected, do they send it back to the law judge for further review, or does that only happen if they rule it not being service connected?

The VARO is supposed to make a decision on your claim, If the VARO grants your claim, they can rate it and then send it back to the BVA but they will send you a decision letter and you can agree or disagree and BVA will take it from there. Also if the VARO denies your claim the VARO will send you a decision letter and then it still goes back to BVA and they will take it from there. Either way the VARO will send you a letter and you will have the right to agree or disagree and  appeal.

[MKAH]

6 minutes ago, pacmanx1 said:

The VARO is supposed to make a decision on your claim, If the VARO grants your claim, they can rate it and then send it back to the BVA but they will send you a decision letter and you can agree or disagree and BVA will take it from there. Also if the VARO denies your claim the VARO will send you a decision letter and then it still goes back to BVA and they will take it from there. Either way the VARO will send you a letter and you will have the right to agree or disagree and  appeal.

OK, got it.    Thank you pacmanx1.

 

[MKAH]

5 hours ago, broncovet said:

No.  The BVA makes the ruling and the VARO is supposed to implement it.  

"If" you dont agree with the VARO implementation, you can then appeal it to the Board.  This is the Remand hamster wheel some have spoken of.  

I have been riding the remand hamster wheel, and dont recommend it, unless you have no choice but to give up which is worse. 

Hi broncovet, 

So I'm correctly understanding you to say, that my "C&P" and possibly the "records review" will eventually go back to the BVA for the ruling, then the BVA judge will say yes or no.

Then back to the RO for the percentage of disability if determined to be SC's, otherwise an SOC explaining why it was a no?

I'm with you, this seem like a redundant and convoluted process.  But I really don't have even a basic  understanding of how this all works so, I shouldn't complain too much.

Thank You

[broncovet]

The board "only has jurisdiction" when the Veteran grants same by the filing of the I9.  

So, if the board remands, and the VARO renders an unfavorable decision, the process starts over..you have an opportunity to appeal, to the board, provided you file a nod and appeal to the Board a second time.  

[MKAH]

On 6/17/2020 at 5:10 PM, broncovet said:

The board "only has jurisdiction" when the Veteran grants same by the filing of the I9.  

So, if the board remands, and the VARO renders an unfavorable decision, the process starts over..you have an opportunity to appeal, to the board, provided you file a nod and appeal to the Board a second time.  

Thank you broncovet.  That's great information.