Jump to content
  • 0

Who Makes the final decision when the BVA remands a claim, The RO or BVA judge?


1454th Solider

Question

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0
1 hour ago, 1454th Solider said:

I was wondering if anyone could answer the question of who makes the final decision on a claim that was remanded to RO for more development? RO or BVA?

That really depends, once a claim is remanded, the RO is supposed to implement the BVA decision. If you agree with the decision, then it will become final. If you disagree, you will have to file a new disagreement and the RO would review your disagreement and change their decision or send it back to the BVA and the process starts all over again. This time the BVA can still grant, remand or deny your claim again and if granted, you are good, if remanded, the RO gets to play around again and if you disagree you will have to file a new disagreement and then it goes back to the BVA, and the hamster wheel keeps rolling. If the BVA denies your claim you will have to file an appeal to the CAVC, and the new hamster wheel starts from the CVAC back to the BVA and then to the RO.

This happened to one of my claims. It went to the BVA where they remanded it. The RO denied my claim and then the BVA denied my claim and I filed an appeal to the CVAC, and they did a joint remand and then the BVA granted my claim direct service connection and the hamster wheel rolled down and was finally issued a rating, but the RO screwed my rating percentage, and my claim went back to the BVA for the final rating decision.

Link to comment
Share on other sites

  • 0
  • Moderator

The answer to this should be found in your decision, but, if the Board remands to the VARO for more development, then the VARO makes the decision, based on "the additional development".  

Some remands result in additional benefits, while some do not.  

Whenever you get an "implementation" (of the remand) decision, you may appeal it if unhappy with the result.  

Basically its an almost  never ending hamster wheel of remand, denial appeal, remand denial appeal.  I dont like it either.  

Your vARO should make a decision and send it to you.  Again, you can appeal it.  The board, in a remand, is not telling the VARO to award or deny, but to fix the issues so stated in the Board decision.  Apparently the board felt more development was necessary.  

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines