What is a BVA Remand Decision? What do I do if I get a remand letter from the VA?
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- Опубликовано: 6 авг 2019
- Read more about BVA remanded decisions here: www.woodslawyers.com/bva-rema...
BVA Process 0:31
Three Possible Decisions by the BVA 1:25
The BVA Could Ask for Additional Development 2:36
BVA Remand Decision is Not a Final Decision That Can Be Appealed 3:47
Contact Information 5:07
Veteran’s disability benefits lawyer Lori Underwood takes a look at Remand Decisions that come from the Board of Veterans Appeals or BVA.
The BVA considers all the evidence in order to determine whether the Veterans' Administration fulfilled their duty to assist you in processing your claims for either service connection or an increased rating. In addition to either granting or denying claims the BVA can “remand” your claim back to the regional office for further development.
Once your VA Disability claim is remanded, it goes to the BVA and is no longer at the regional office. You send things directly to them. They will review your whole claim over again.
One of the things they are looking for it to see if the VA really did all of the work they were required to do to make the right decision. Did they fulfill their “Duty to assist”
Grant, deny, or remand back to the regional office fore additional development.
Why was my VA Disability case remanded?
* They should spell out reasons why in the letter.
* They will say what development they are looking for to make a decision
* Read it all so you can fully understand what to do next.
Common reasons the VA will remand a case:
* additional C&P exam
* Need more medical records from VA or private doctors
* Need work records
* Need social security records
Don’t wait for the regional office. If you can get any of those needs together, do it. Once the RO thinks they’ve done what all they can, then it will be sent back in.
Once you get your final answer, it will either be yes, your benefits are granted, or no, at which time you can start an appeal.
A second remand is rare.
Appeals go to a higher court, so denial isn’t always the end.
If you are unable to work due to your service-connected disabilities, you may qualify for total disability based on individual unemployability (TDIU). Contact us to see if you are eligible. Give us a call and receive a free legal consultation.
We have helped thousands of veterans all over the United States and we only charge a fee if we win your case.
Contact us today!
Woods and Woods, LLC
The Veteran’s Firm
www.WoodsLawyers.com/?...
812-426-7201
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i have these attorneys and they are the best
But what if the BVA sends my claim to the DAV for a written argument? Do I at this point hope for a proper useful written argument in my favor from the DAV?
Yo just leaving a comment that you look great
I had a Remand from BVA..to VARO with instructions. The VARO fullfilled most of the remand but one. I waited and it was not reported to the BVA. I called the BVA 2 years later and I was told that the VARO made a Clear and Unmistakable Error and to send the VARO form 21-4138 for them to explain to BVA why they did not adjudicate this one claim.....I am still waiting for 3 months now. the claim original date is 1977 as the BVA ruled. I want to see what the out come will be.....time on my side I believe.
Semper Fi! I know I'm late here, but have you received a rating?
Once a claim gets remanded by the BVA how long does it take the RO to make a new decision once they've completed the remand instructions?
Steven, the times veterans wait after a remand really varies. Some remands are much more complicated than others. Some RO's are faster than others. Sorry for the lawyer answer, but the final decision times after remand are all over the map.
It could generally take 3 to 12 months
My claim has left the regional office . had my c&p for gerd & rhinitis 10 days ago. So now back to bva. So now is it a wait to wait. Said they will contact me in 8 weeks
All the waiting can be so frustrating!
@@woodslawyers all this for an IU request
Did u get approved?
If two issues are granted and one is remanded do you get Compensation for what is granted?
I'll use an example to answer this question. Let's say you appeal two rating decisions to the BVA, one for your back and one for mental health. If the BVA agrees with you on your back and grants the rating, but remands your mental health claim to the regional office, your monthly compensation would change to reflect the increased rating on your back only. Once the mental health claim is finally decided, your monthly compensation would reflect that decision, and you would receive back pay for whatever is owed to your effective date.
My claim was just remanded
If there is anything we can do to help, please let us know!
What does it mean when the BVA approves you appeal and it is remanded?
If your VA appeal is remanded by the BVA, it is sent back to the VA Regional Office (RO). A BVA remand may instruct the RO to gather updated or additional evidence before taking another look at the claim. Once a case is remanded by the BVA, the RO will treat it as a priority and expedite its processing. The RO will also have a duty to assist the veteran in gathering the information requested in the remand, just as it does when an initial claim is filed. If the RO still cannot grant everything on the appeal, it will send the case back to the BVA. You can learn more about this here: www.woodslawyers.com/bva-remanded-decisions-va-remand/?.com&BVARemandsLori&CommentShare
@@woodslawyers Thank you! I was hoping it meant I was granted the disability and RO was assigning a rating. It has only been three weeks, so time will tell.