Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Remand Appeal & New Claims for RFE

Rate this question


renee

Question

I’ve had an appeal on file since 2013 for Fibromyalgia and bilateral knee pain. The appeal went all the way to BVA. During the process they loss my appeal. When the VSO lawyer got involved I started to see traction. As of last week the BVA remanded back to the RO. I read the letter 4 times and it sounds like BVA is scolding the RO for “overlooking” pertinent information like my STRs. The judge gave specific instruction that RO must do assist with connecting my knees to my degenerative bank at 40%. I think I need an IMO and updated DBQ. 
 

But in addition to the above it would appear that the regional office turned around and opened 2 claims for RFE. These are unrelated to my appeal. I definitely feel being like this out of spite. What can I do.

Link to comment
Share on other sites

Recommended Posts

  • 0
4 hours ago, Buck52 said:

renee,

I advise to get an attorney at this point, looks like they remanded all your claims.

 check out this link , it has some insight as how the remans work and some great information to use.

https://www.veteranslawblog.org/expedite-va-remand-process/

Source: Attorney Chris Attig  VLB  (Veterans Law Blog)

Thank you 

Link to comment
Share on other sites

  • 0
  • Moderator

Did you withdraw your claims, (as the decision stated)?    If you withdrew your claim(s), you can expect the BVA to dismiss.  

Now, on remands:  

Quote

You can not appeal a remand. (Because its not a final decision).  You can appeal a denial.  You can also appeal a GRANT (award), because you can appeal the disability percentage OR you can appeal the effective date. (or you can appeal both the percentage and the effective date)   But, for remands, you dont appeal those, you have to wait for the VA to comply with the remand, issue a new decision AND ONLY THEN can you appeal the new decision. (after VA complies with the remand).   

YOU CAN appeal the dismissal of your claims.  (Especially if you did not withdraw those claims, OR even if you did withdraw your claims, its still possible to get that fixed too!)  

(It almost sounds like you are another Veteran who is a victim of the VA's "shell game"):

https://www.veteranslawblog.org/veterans-benefits-dont-fall-for-this-va-office-of-general-counsel-ogc-shell-game-in-your-cavc-appeal/

Edited by broncovet
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use