Veterans’ Benefits – Can A Remand Be Appealed?

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.

Many veterans want to know what they can do when VA remands their claim Can I Appeal the BVA’s Remand Decision?

Certain decisions by the BVA can be appealed to the United States Court of Appeals for Veterans Claims (“CAVC”).  However, this option is only available for final decisions.

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.

I would be happy to talk to you about how you can use the VA’s slow-moving process to your advantage.  The best way to do that is a free veterans disability consultation.  Click on this article to find out some more information about what a free consultation is and how it works.

If you want to set one up now, just call our office at (770) 214-8885 or complete and submit this short consultation request form.

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.

Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience! James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me. I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot
Travis has been a blessing to our family, he left no stone unturned and delivered the "W" for my VA claim. Every bit of my experience with the Perkins Studdard team was respectful and they demonstrated their appreciation for our service as veterans. I highly recommend this Law Firm and truly appreciate their willingness to stand on my behalf.M L
They were a huge help with my appeal on my VA disability claim. I appreciate all the hard work they put in. I couldn't have done it without them. I definitely recommend them to anyone who needs help like I did!Benjamin Leatherbury
“I wish I could give the law office of Perkins and Studdard a billion 5 stars.” I was getting the run around with the va claims department regarding having my claims percentage corrected, the va reduced my percentage to discourage me from continuing to file. I saw Mr Perkins Studdard on utube and his knowledge about the va compensation process compel me to contact his office. Within three months of the va reducing my compensation percentage from 90% to 80%…..the law office of Perkins and Studdard got me to 100% P&T. I would strongly advise my fellow veterans that have been denied their compensation to give this law office a call, my results speak for itself. I cannot say thank u enough to this law firm, they are the best. Thanks again, DeanDee Dep
Travis Studdard and his staff did a terrific job. They led me through the complicated VA process with great ease. They understand VA procedures and communicated what to expect step-by-step.Mel Valkner
Absolutely amazing service, helped me with every detail of my case. Without them I’m sure my case wouldn’t have turned out so well. Than you!Dana Lampropoulos

Related Posts


Font Size: