The Circle Back (CAVC)

[63Charlie]

I am pleased to inform you that the Government has agreed to remand ALL issues on appeal.  Since this was consistent with your wishes we accepted the offer on your behalf.  What happens next is that the VA attorney will draft a Joint Motion for Remand, that we will review and sign off on.  This should occur within the next 30 days, unless VA requires more time.  Once the JMR is filed, the Court will approve it and send the case back to the Board.  Please let me know if you have any questions at this stage.

 

Kind Regards,

 

Alec U. Ghezzi

Training Advising Attorney

Vietnam Veterans of America

425 Eye Street NW, Suite 2W.220

Washington, DC 20001

 

Could this be called a "circle back" to the BVA?

Edited August 30, 2021 by 63Charlie

[pacmanx1]

1 hour ago, 63Charlie said:

Could this be called a "circle back" to the BVA?

Yes, this happened to one of my claims. My attorney and the CAVC attorney agreed to do a joint remand and when my claim was remanded back to the BVA, the BVA granted my claim direct to my military service.  

[Berta]

A CAVC Remand to the BVA is far better than a CAVC denial!!!!!

This is a positive step. 

[broncovet]

I have had 3 separate remands from CAVC.  I won all 3 at the board, all with "new evidence".  Its my opinion "new evidence" in a remand gives the BVA "an out" and allows them to save face.  It says, "Ok, considering your new evidence we will grant it this time."  

Res Judicata suggests that the Veteran can not just keep "going back again" with the same evidence until he finds a very generous judge.  The new evidence changes that. 

[63Charlie]

 

"How about we wash, rinse, and repeat the cycle?" 

Sound about right?

 

 

 

Edited August 31, 2021 by 63Charlie