Supplemental Statement of the Case

[jorbin01]

I received notice after my three in person exams and remanded court case, that the VA cannot make a full determination on my case. I don't have the full letter as of yet, but when I do, I will update. Anyone had this? What to expect? I have an appointment at end of March 2023 with vet rep for discussion and next steps. Thanks in advance.

[Sgt. Wilky]

It's best in a case like this to wait for the letter to see what it says. The law reads (at least in my extremely limited understanding of it) that when the VA is not able to come to a determination, or when doubt exists, doubt is to be in the veteran's favor. Of course, there are always exceptions to that rule. The letter from the VA will let you and your rep know what the next steps should be, but it does pique my curiosity as I don't imagine these types of outcomes happen very often; but what the heck do I know? I definitely plan on another appeal though. Plan for the worst, hope for the best.

Semper Fi,

Sgt. Wilky

[pacmanx1]

On 3/17/2023 at 2:35 PM, jorbin01 said:

I received notice after my three in person exams and remanded court case, that the VA cannot make a full determination on my case. I don't have the full letter as of yet, but when I do, I will update. Anyone had this? What to expect? I have an appointment at end of March 2023 with vet rep for discussion and next steps. Thanks in advance.

You can get ahead of the game by given the BVA the evidence that your court remand order requested. Most remands ask for specific documents and or treatment notes and or medical opinion. By submitting the evidence to the BVA, you may have a better chance at getting a grant instead of a VARO requesting more exams or more evidence.  If your appeal is back at the VARO, you can also submit the evidence to them. The big question is, Why and what did your court order remand and what are they looking for?

P.S. for whatever reason, the VARO and the BVA sometimes miss and or overlook evidence in your file and you may have to submit duplicate evidence until someone catches it.