Remand: Sit and Wait or Continue To Develop the Claim?
In earlier blogs in this series on remands from the Board of Veterans Appeals (BVA) to the Regional Office (RO), we have looked at what a remand is and whether that remand can be appealed to avoid the inevitable delay associated with the claim’s return to the Regional Office for determination.
What the Regional Office Does with a Remand
Since an appeal of a remand is not possible, that means the only choice is to be patient while the claim is decided (hopefully properly this time) by the Regional Office. However, being patient does not necessarily mean sitting and doing nothing in the meantime. The Regional Office will be taking steps to decide the claim in accordance with the BVA’s instructions. This may mean developing the evidence needed to consider the claim. That can take the form of scheduling additional medical examinations, requesting service treatment records, private physician treatment records, Social Security records, etc.
What You Can Do While You Wait
It may be beneficial to provide evidence that will help the Regional Office reach the correct decision in the claim. A veterans disability attorney can help you decide if this will help. Ane attorney may suggest a private medical examination to provide a helpful expert medical opinion. Other times, the attorney can help the veteran locate documentation of in-service events to establish service-connection of the claimed disability. Regardless of the particular situation, it is important to view the delay associated with a remand as an additional opportunity to improve one’s claim as much as possible to eventually receive the maximum benefits allowable under the law.
The veterans disability attorneys at Perkins Studdard can help veterans and their dependents through the confusing remand process and determine exactly what is needed to strengthen their case in light of the BVA’s remand order. We can use the VA’s slow-moving process to your advantage to ensure you eventually receive a favorable rating decision awarding the maximum veterans disability benefits allowable under the law. If you have any questions about a remand decision or any other veterans benefit issue, simply call the phone number on the right or complete the “Need Help” form for a free consultation.