In my last article about remands, we looked at what the Board of Veterans Appeals is likely to do when it determines that the Regional Office did not apply the proper methodology in deciding a claim. The Regional Office’s error in deciding a claim could take many forms but usually involves not considering or gathering material evidence or not applying a particular legal principle correctly.
This article will look at what options veterans have once they receive a remand from the Board of Veterans Appeals back to the Regional Office.
Understanding the Remand Decision
Remember that a remand is an order on an appeal sending the claim back to the agency of original jurisdiction (“AOJ”). The remand sets forth what was done wrong and how the AOJ should go about deciding it this time.
These remand decisions are often confusing. I find many veterans were expecting a letter resembling a rating decision with a numerical rating of their percentage of disability. When they get a BVA order that does not assign a rating, they assume they were given a 0% rating or that the BVA decided the disability was not service-connected.The good news is that is not what a remand means. The bad news is that, while not a loss, a remand does mean additional time before a final decision. Upon learning the long-awaited decision from the BVA means additional months or even years until benefits will begin, some veterans want to appeal the BVA’s remand to avoid further delay.
A remand is not a final decision because it does not decide the ultimate issue in the claim. Instead, a remand sends the claim “back down the ladder” for VA to consider the claim in a different way. An unknowing veteran who attempts to appeal a remand to the CAVC will incur unnecessary effort and hassle on an appeal that will end up being dismissed.
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. You can develop evidence to try to prove your claim while waiting for the remand process. This may help you avoid additional remands in the future and get benefits quicker.
A veterans disability attorney can help you decide if this will help. An 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 your claim as much as possible. Many veterans find the delay frustrating. But, taking the right approach gives you the best chance of eventually receiving the benefits you should.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan
I have enjoyed my experience with Perkins Studdard. The team is always available to answer questions and make me feel comfortable, and like I matter. Did a great job with my VA Disability.Matt Strange
I had a great experience with Perkins Studdard Law Firm. The team was professional, responsive, and cared about my case. They explained everything clearly and kept me informed throughout the process. Excellent service and great results — I highly recommend them to anyone looking for reliable legal representation.Victor Martinez
This law firm did a great job and listened to all my concerns and had compassion for my case. They directed me through this process with graceTara Dean
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
