The Board of Veterans’ Appeals (BVA) will issue a remand if it determines that additional information or evidence is required before a decision can be made. It is the local VA regional office’s job to complete further development in order to obtain the information the Board requires. The Board’s remand contains specific instructions to the regional office, such as to request the Veteran’s service records or schedule a VA medical examination.
It is important to note that a remand from the Board is neither a grant nor a denial on the issue that is remanded. Rather, it means the Board has found that there is not sufficient evidence of record for a decision to be made at that time.
What causes the Board to issue a remand?
The Board issues remands in several situations. Sometimes, it is because the BVA believes the regional office did not review your claim correctly the first time. Perhaps there was more evidence it needed to gather before rendering a decision. Or maybe the regional office did not follow the law correctly.
Other situations in which the Board might issue a remand include:
- Your disability worsened in scope since your initial application and there is no recent medical examination of record.
- New evidence has been submitted that the regional office has yet to review.
What is an example of a situation that would prompt a remand?
Let’s say you are a veteran who submits a claim based on a chronic back ailment that originated from a service-related injury 10 years ago. You visit an orthopedist to document the extent of your injury, and you submit the doctor’s report as evidence with your claim.
The orthopedist’s report does a good job detailing your condition and its effects on your life, but it fails to opine on whether your diagnosis is related to military service.
Citing lack of sufficient evidence, the regional office denies your claim. You file an appeal and your case eventually goes before the Board. The Board looks at the evidence and determines it cannot make a decision based on the medical evidence of record, so it sends your case back to the regional office with instructions to gather more medical evidence to determine if your condition is connected to your service-related injury.
What happens after the Board issues a remand?
When the Board issues a remand, jurisdiction of your VA claims file is returned to the regional office. If upon completion of the remand instructions the regional office continues to deny your claim, you will be issued a Supplemental Statement of the Case and your appeal will be sent back before the Board. If upon completion of the Board’s remand instructions the regional office reaches a favorable decision, it will issue a new rating decision.
A qualified, experienced VA disability attorney can help you build the strongest appeal and give you the best chance of a favorable outcome. The veterans’ advocates at Chisholm Chisholm & Kilpatrick LTD will pursue your case aggressively. Call today for a consultation: 401-331-6300.« Return to the Veterans' Resource Center
- Am I Eligible for TDIU?
- I Have Not Received a RAMP Letter. Can I Still Expect One?
- Have You Been Denied Veteran Benefits?
- What Is Extraschedular TDIU?
OUR CLIENTS LOVE US, AND SO WILL YOU. SEE WHAT CCK CLIENTS HAVE TO SAY.
- It has been one of the best legal experiences that I have personally encountered. Their follow up and their follow thru has been on perfect terms. Wow, they have given me a celebrity experience! Impressive! Read More »
- These people are FANTASTIC!!! I highly recommend this firm to Veterans everywhere. Honest Legal Help like this is priceless and they are extremely skilled. So Satisfied with the results...5 stars!! Read More »
- I cannot begin to say how grateful I am to this Firm. From the Class A staff to the Lawyers, there are no complaints. Everyone treated me fantastic!! After 30 yrs of fighting on my own, they were able to win my case in less than 15 months. Read More »
- My case was initially rejected by the VA but with the thorough review by CC&K , the VA agreed with the case that CC&K made and awarded my initial rating of 30% retroactive to 1975. Read More »
- We had struggled for eight plus years, with the VA, and got nowhere. Our case was sent to CC&K and in less than one year, we were they won all his back pay and 100% rating. We could not be more pleased. We highly recommend this firm for anyone struggling with the VA. Read More »
- I thought I could go it alone. I filed several disability claims through the VA only to be denied over and over again. I knew I needed help. I found that help with the law firm of Chisholm Chisholm & Kilpatrick. They filed for me and won. Read More »
- I'm so glad we sought the help of CCK on my husband's VA claim. We had been going back and forth with the VA for 5 years on his claim without seeing any progress. Then we found CCK and the case was resolved in about a year! Read More »
- I was fighting for my VA disability compensation for 10 years. I was ready to give up and then CCK took my case. I immediately felt at ease because they kept me informed every step of the way and there was so much less stress for me. Read More »