In this segment, we're going to discuss the BVA remand decision.
My name is Lori Underwood, and I'm with Woods and Woods.
Great.
So, your VA appeals claims have progressed to the BVA.
As part of the appeals process, once you file for your claims to go to the BVA, they will
leave the regional office, and you'll be waiting on a BVA decision.
You might receive a remand decision from the BVA.
What does that remand decision mean, and what are the next steps that you might have to
take?
Once you have filed an appeal for your claims to be considered at the BVA, the Board of
Veterans' Appeals level, they will no longer be at the regional office and will be transferred
to the Board of Veterans' Appeals.
At this point, the development on your claims from the VA is supposedly done, and you have
an opportunity to submit your final brief and argument to the Board for consideration
in deciding your claims.The BVA will look at any C&P exams and the medical evidence
in your file regarding your claims to make a final determination.
These can be claims for either service connection or increased rating.
One of the things that the BVA is going to look at and take into consideration when looking
through your case is whether the Veterans' Administration fulfilled their duty to assist
you in processing your claims for either service connection or increased rating.
You might get one of three decisions from the BVA on your claims.
They may grant your claims, they may deny your claims or they may remand your claim
back to the regional office for additional development.
That's what we're focusing on right now is the remanded claim.
Your questions may be, why has my claim been remanded?
What might be the next steps that will be taken because of this remand?
What do I do from here?
There can be a number of reasons why your claims might be remanded by the BVA.
But what the BVA is signaling is for the regional office to do more development on your claims.
In the remand decision, the BVA should spell out the reasons why they feel like your claims
need to be remanded back to the regional office.
They should spell out exactly what development they're looking for to take place before they
can re-look at the decision or re-look at the claim and make a decision.
You want to read this decision very carefully and thoroughly so you understand what the
BVA is asking for and what steps might be taken next by the regional office or by you to continue
processing those claims.
Some common additional development is the BVA may ask for another C&P exam to be conducted
on your claim or one of your impairments.
They may ask for records from the VAMC if you treat there or from private providers
if you treat outside of the VAMC.
They may ask for social security records or work records.
Just many, many additional things that the BVA may ask for that they feel they need to
take a look at when deciding your claim.
You won't know exactly what these things are until you read that decision very carefully.
You want to make sure to read the decision and understand what part you might be able
to provide, take part in, in helping assist the BVA to fully develop your claims.
Make sure if they are asking for exams that you attend those exams.
Try and fully cooperate in providing them any records that they're seeking so that they
can fully adjudicate your claims.
But the remand will not be returned to the BVA until the regional office feels that they
have fulfilled their duty to do what the BVA has asked them to do.
We should note that the BVA remand decision is not a final decision that can be appealed
to the Court of Veterans' Appeals.
When the remand development is done, the BVA will look at the case again and hopefully
either grant your claims or issue a denial of the claims, which those are final determinations
that you could pursue at the Court of Veterans' Appeals level.
A second remand is possible and does happen.
When you receive your BVA decision, it might do a multitude of things at one time.
It may grant some claims, it may deny some claims, and it may remand some claims.
A BVA decision can do all three of those things, one of those things, two of those things.
It does not have to be exclusive to just one or the other.
You will need to keep a lookout and understand that you may expect several things coming
out of a BVA decision.
If further claims that are remanded, you'll want to take part in the additional development.
If you have claims that are granted, you can expect a rating decision.
If you have claims that are denied in the same decision, those claims may be appealed
to the higher court.
If you have received a BVA decision remand orders and you have questions about that,
give us a call at the number listed below.