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Bva remand


trun10tion

Question

Good day fellow Veterans.  I live in Mi. My remand i found today was 

Sent back to V.A. reg June 2020. At this point im at 17 months

Waiting. Bva judge orignal state was v.a. detroit failed to give me tdiu from

2012 when my file and many c&ps show i qualified? So.judge remand was

Tdiu not moot and v.a. in 2018 granted me 100%  i have multiple disabilities.

My question is

1. I live in Mi. Why would bva send remand back a second time to salem, Mass. When my files and c&p's 

Were conducted in Mi.?

 

Edited by trun10tion (see edit history)
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Normally, when a BVA judge remands a veteran's claim(s), the claim(s) will go back to the AOJ (Agency of Jurisdiction). With that said, VA can then forward a veteran's claim(s) to any VARO that can process and implement the claim(s). 

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  • HadIt.com Elder

My question is

1. I live in Mi. Why would bva send remand back a second time to salem, Mass. When my files and c&p's 

Were conducted in Mi.?

I would think your R.O. in MI is to busy so they send your claim to another R.0 that is not as busy &can work it faster  (jmo)

a lot of this slow stuff is due to covid-19

Unless your a homeless Veteran and need your claim expedited  its going to a lot more time.

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There is now a "national work que".  The claim gets put in a big list, and the RO representative is supposed to pick the next claim "on the list".  Its supposed to be more efficient as it evens out the work load..since some VARO's had  more claimants than others.  Your claim can go anywhere. Its mostly a "luck of the draw".  Like other stuff in VA, it does not always work the way it is supposed to. 

Edited by broncovet (see edit history)
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I do agree that due to the COVID-19 that it will take more time to process claims, appeals and remands but I wish veterans would stop blaming COVID-19. The National Work Queue and VA transferring veterans claims from one VARO to another VARO has been done for quite some time, at least several years or more before COVID-19.

Edited by pacmanx1 (see edit history)
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2 hours ago, Buck52 said:

My question is

1. I live in Mi. Why would bva send remand back a second time to salem, Mass. When my files and c&p's 

Were conducted in Mi.?

I would think your R.O. in MI is to busy so they send your claim to another R.0 that is not as busy &can work it faster  (jmo)

a lot of this slow stuff is due to covid-19

Unless your a homeless Veteran and need your claim expedited  its going to a lot more time.

Heres my thing i had to call to find out bva kick it back to va.

1. I.got no ssoc

2. No phone call

3.and it wasnt second remand

It was just sent back for what ever reason.

My thoughts were once va did their remand part that bva makes decision then send back to va for processing.

I just wonder why i didnt get ssoc and had to call to find that is was kick back.

 

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Not sure what is going on with your claim but BVA did split my claim into two remands with different remand letters for the exact same contentions and I am waiting on my VARO award letter. I didn't get a SSOC instead I got a new BVA Remand letter. It has been well over a year since my original BVA grant and remand and no news. I did an IRIS Request to have a supervisor call me and was informed that my claim is at finance but still no real news of what is actually going on.  Keep us informed. You can try to do an IRIS Request to have them email you, your status. I hate phone calls because people can say anything to get you off the phone  and I forget what they do say. It is almost time to send a new IRIS Request for me.

Edited by pacmanx1 (see edit history)
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19 minutes ago, pacmanx1 said:

Not sure what is going on with your claim but BVA did split my claim into two remands with different remand letters for the exact same contentions and I am waiting on my VARO award letter. I didn't get a SSOC instead I got a new BVA Remand letter. It has been well over a year since my original BVA grant and remand and no news. I did an IRIS Request to have a supervisor call me and was informed that my claim is at finance but still no real news of what is actually going on.  Keep us informed. You can try to do an IRIS Request to have them email you, your status. I hate phone calls because people can say anything to get you off the phone  and I forget what they do say. It is almost time to send a new IRIS Request for me.

Thanks pacs this what i need to stir my creative juices..lol think out the box

Cuz i didnt get ssoc as yet. Ill keep u all informed.

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  • HadIt.com Elder

Are you in the old claims system? Legacy? if you been in appeals for 17 months and your claim is in remand. not sure how to advise you on this  others may chime in  but in the old claims system ,I had the inclination that the old legacy system would automatically transfer to the new AMA? After Feb 19--2019 ...BUT MAYBE IT DON'T? but 17 months without receiving  your SOC  it maybe time to opt in the AMA (JMO)

Remember in this new AMA System no SOC OR SSOC will be received back to the veteran...SOC are not in the AMA. System.

so if you are still in the legacy claims (old claims process system?)

 I suggest you opt in the AMA system choose the supplemental lane process.

Appellants may seek review of Board decisions by appealing to the Court of Appeals for Veterans Claims (CAVC), or by filing supplemental claims at regional offices, which requires either submitting or citing new evidence.  However, claimants may not directly contest Board decisions by requesting HLRs of them.  Nevertheless, claimants may request HLRs of RO decisions that follow effectuation of Board decisions.

Edited by Buck52 (see edit history)
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Buck, since the veteran's claim is already in the legacy system, I am not sure if it is wise to move to the new AMA system and I am not even sure if it could be done.  A veteran must switch within 60 days of receiving a SOC or a SSOC.  Yes, it may have already be done but in my situation, I was told after my BVA remand last year that my claim is still in the legacy system.  Either way being that his remand has been 17 months in the legacy system, the Op (Original Poster) should be very close to a new decision.

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5 hours ago, Buck52 said:

Are you in the old claims system? Legacy? if you been in appeals for 17 months and your claim is in remand. not sure how to advise you on this  others may chime in  but in the old claims system ,I had the inclination that the old legacy system would automatically transfer to the new AMA? After Feb 19--2019 ...BUT MAYBE IT DON'T? but 17 months without receiving  your SOC  it maybe time to opt in the AMA (JMO)

Remember in this new AMA System no SOC OR SSOC will be received back to the veteran...SOC are not in the AMA. System.

so if you are still in the legacy claims (old claims process system?)

 I suggest you opt in the AMA system choose the supplemental lane process.

Appellants may seek review of Board decisions by appealing to the Court of Appeals for Veterans Claims (CAVC), or by filing supplemental claims at regional offices, which requires either submitting or citing new evidence.  However, claimants may not directly contest Board decisions by requesting HLRs of them.  Nevertheless, claimants may request HLRs of RO decisions that follow effectuation of Board decisions.

Yep still in old claims. I have an attorney.

I was following up decided to give regional a call.

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On 7/21/2020 at 5:06 PM, trun10tion said:

Heres my thing i had to call to find out bva kick it back to va.

1. I.got no ssoc

2. No phone call

3.and it wasnt second remand

It was just sent back for what ever reason.

My thoughts were once va did their remand part that bva makes decision then send back to va for processing.

I just wonder why i didnt get ssoc and had to call to find that is was kick back.

 

Got an email response from VA

20200729_005651.png

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