Statistics of Successful Claims after CAVC Joint Remand to BVA

[Waitingtoolongdave]

Anyone know of the percentage of original claims being granted AFTER the CAVC grants a JMR??

Are the majority granted or denied? 

[pacmanx1]

2 hours ago, Waitingtoolongdave said:

Are the majority granted or denied? 

It’s not the JMRs that you should be concerned about. A lot of JMRs are granted by the BVA, the problem is that the BVA grants the remand and then they send it to the RO for them to do the actual rating and they can screw up the rating percentage and or the effective date. Imagine after fighting the VA for so long and then the RO screws up and low balls your rating percentage or screw up your effective date. In each case if you disagree you will have to file a new disagreement and the wait starts all over again.

[Dustoff1970]

As I recall from many many years ago I saw this answer on veterans legal website that may have been a veterans law firm or paralyzed veterans website news letter SOAR or an internet website that tracks results of various federal court actions/decisions or maybe DAV.   The answer is out there somewhere but not easy to find by me.  I will check the old files on my external hard disk very soon (long shot).

[Waitingtoolongdave]

20 hours ago, pacmanx1 said:

It’s not the JMRs that you should be concerned about. A lot of JMRs are granted by the BVA, the problem is that the BVA grants the remand and then they send it to the RO for them to do the actual rating and they can screw up the rating percentage and or the effective date. Imagine after fighting the VA for so long and then the RO screws up and low balls your rating percentage or screw up your effective date. In each case if you disagree you will have to file a new disagreement and the wait starts all over again.

I'm talking about joint remands to the BVA granted by the CAVC.

[Waitingtoolongdave]

19 hours ago, Dustoff 11 said:

As I recall from many many years ago I saw this answer on veterans legal website that may have been a veterans law firm or paralyzed veterans website news letter SOAR or an internet website that tracks results of various federal court actions/decisions or maybe DAV.   The answer is out there somewhere but not easy to find by me.  I will check the old files on my external hard disk very soon (long shot).

Thanks! That would be helpful.

 

[pacmanx1]

2 hours ago, Waitingtoolongdave said:

I'm talking about joint remands to the BVA granted by the CAVC.

I think you miss understood my post. A lot of veterans get a Joint remand by the CAVC. That JRM then goes to the BVA where the BVA will grant the claim/appeal, but it still has to go to the Regional Office to be rated. Hopefully, the RO will rate the claim/appeal correctly or the cycle begins by the veteran having to file a new disagreement going back to the board. The RO is very famous/notorious for either low balling the initial claim/appeal or screwing up the effective date causing the veteran to have to file a new appeal to correct their decision.

[Dustoff1970]

Well I see that the lifers at the other location in the universe called space has answered your question by denying that there are any published statics as an answer to your question and unlike this forum they like to talk down to you and others by their stern negative tone and absolutism to your question.  Always double check their advice and rely on more than one source of info for important questions as you are doing here

I am still thinking and searching on your behalf for your answer in a polite and friendly manner as I think you have a valid question dude because I have personally seen these statics many years ago.  They like to argue how many angels dance on the head of a pin concerning doctors MO versus IMO/IMEs forever and ever.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

 

Edited May 12, 2022 by Dustoff 11