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

1454th Solider


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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.

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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.  

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