Bva Remand Time Frame
It starts with a bva decision that grants service connection but fails to make a decision on effective dates or impairment ratings and then fails to remand or refer those issues back to the regional office.
Bva remand time frame. Video blog bva remands. Upon receipt of a bva remanded appeal the. In va s system appeals are remanded for many reasons. Appeals that are remanded to the ro s for additional development or exams need to be treated as priority issues for the ro s.
If the board denies your claim you may choose to appeal to the court of appeals for veterans claims cavc. More generally remand is a legal term that describes the process in which a superior court remands or sends back an appeal to a lower court for another look. Because va disability appeals have their own system the bva remands claims back to the varo instead of a lower court. There are many reasons but here s a big reason that over 5 000 bva remands a year disappear.
The vacols coordinator and veterans service center vsc management are responsible for close control and timely processing of bva remanded appeals. It s less than ten percent of the time that with remands the regional office then grants the benefits. If you were in a traditional court a remand is when an appellate court sends a case back to a lower court. Ever wondered why your bva remands seem to disappear into a black hole.
On the 26th of september vets gov showed my remand was granted and expect 1 2 months processing. Remand time frame remand time frame. If your case is remanded a second time the process starts anew. 2 15 2018 bva grant 1 condition remand 2 conditions per judge paperwork and remand instructions 3 23 2018 bva paperwork sent to amc 12 6 2018 amc paperwork sent with 0 and backdated to when filed 1 4 2019 c and p exams for remand however the examiner was extremely hostile and quoted another veterans 2012 remanded appeal in my husbands exam.
The board will grant deny or remand your case again. The claimant receive a letter from the bva telling them that their remands will be expedited and then they languish at the ro s for months to years. The ro sent the decision flying up to the bva seriously the ratings decision was issued in august 1996 and the bva post remand decision was issued in january 1997. That s pretty quick turnaround for the bva.
The bva gave the ratings decision its seal of approval and the veteran appealed to the veterans court. What will happen is the board will remand it ask them to do all these issues get a c and p exam. There is no limit on the number of times a board judge may remand your case. Bva remanded decision occur because the varo must get updated or additional evidence to issue a new decision.
Nothing happened until aug of 2019 and out of the blue i was scheduled for a c p on sept 17th.