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Prostate Cancer

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andy.clark179

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5 hours ago, andy.clark179 said:

My question is the BOA Approved my claim for service-connected Prostate Cancer that I filed in 2015. 

Typically, when the Board makes a decision, they remand it to the VARO to implement their decision.  

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I think what pacmanx1 is trying to say is if the BVA did not rate you and they remained it to your RO the RO will be the one who does your rating.

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It looks, by what you've stated that the BVA decided the issue of service-connection (SC) and they generally then remand it to the regional office (RO) to decide the rating.  The rating could be 0% or more.  Since it's an older claim the RO will probably need a current Compensation & Pension (C&P) exam.  They may also go with a staged rating, depending on how much weight they want to put on earlier C&P exams.  It may take a while to have the decision and rating implemented.  jmo

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When they remand a claim, it is for further development. This could be for some question that the BVA needs answered or an error in how the RO applied the law in your claim.  the BVA may need an updated C&P exam because you stated you had one earlier.

Did you get a letter from the BVA? It should state in it what the remand was for. 

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I think I was clear, when the regional office denies a veteran’s service connection and the veteran appeals to the BVA. It is very normal for the BVA to only address the issue of service connection. After granting service connection the BVA will then remand the appeal back to the regional office for them to assign it a rating percentage and an effective date. If the veteran disagrees with either the rating percentage and or the assigned effective date, then the veteran would have to file a new appeal back to the BVA. It is what some of us call the hamster wheel, back and forth from the regional office to the BVA and sometimes the CAVC get caught up in this cycle if the BVA denies a veteran’s claim/appeal and the CAVC would/could approve a remand to the BVA and from the BVA to the regional office.  

 

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