Veterans’ Benefits – What is a Remand?

Many, if not most, veterans who apply for VA compensation or pension benefits will disagree with the ratings decision they receive from the Regional Office (RO).  Luckily, these claims examiners at the Regional Office do not have the final say over whether veterans receive benefits.

By timely filing a Notice of Disagreement (NOD), a veteran can appeal his or her claim to the Board of Veterans Appeals (BVA).  This appeals process can take a long time, usually many months or even years.  When veterans finally receive a decision from the BVA, it may not be what they were expecting.

Many people think an appeal will result in a decision either affirming or denying the decision made by the RO.  While that may be true in many areas of law, that is not usually the case in claims before VA for veterans disability benefits.

Many veterans find remand letters from VA confusing The long-awaited appeals decision is often in the form of a “remand.”  Because a remand is not a final decision, this can be confusing and frustrating to a veteran still waiting for the benefits to which he is entitled.

What Is a Remand

In general terms, a remand is an order from the appellate court sending a case back to a lower court with some instructions for further action to be taken by that lower court.  In terms of a VA claim, a remand is a decision from the BVA (or some other higher court) sending the claim back to the RO.

The remand will have specific instructions on what the RO should do differently to decide the claim correctly.  Rather than focusing on the outcome reached by the RO, a remand focuses on the way the RO examined the claim and arrived at a decision.

Examples of Remands

Here is an example to illustrate this point.  Suppose a veteran filed for disability compensation benefits due to a painful, arthritic knee in need of a total knee replacement.  The veteran had a Compensation and Pension (C&P) examination to determine if the current disability was due to an in-service incident twenty years prior.

However, the orthopedic doctor performing the C&P examination did not clearly indicate in his report whether the old injury became a chronic condition that resulted in the current degenerated condition of the knee.  Then, the RO denied that the disability was service-connected due to a lack of evidence establishing a nexus between military service and the current disability.

In that situation, if the case was appealed to the BVA by filing a Notice of Disagreement, the BVA would not decide whether or not the knee disability was service-connected.  Also, the BVA would not say what the disability rating percentage should be.

Instead, the BVA would (hopefully) remand the claim back to the Regional Office that issued the rating decision.  Part of the BVA’s order would instruct the RO to gather medical evidence on the Waiting for a final decision can be one of the biggest frustrations with VA benefits claims etiology (i.e., cause) of the current knee condition.  They would probably even specifically to order the Regional Office to schedule another C&P examination to have this addressed by a qualified physician.

What Happens after the Remand

Once the Regional Office has done everything required by the BVA, another rating decision will be issued by the RO.  If that decision is not satisfactory, the veteran can appeal once again to the Board of Veterans Appeals.

As you can see, the remand means more time until a final decision is reached.  Because of this, many veterans want to appeal a remand from the BVA.  Unfortunately, for reasons that are discussed in this article, that is not possible.

A VA-accredited attorney can advise you of the best steps to take in response to a remand from the BVA to improve your claim as much as possible.  If you have questions about your VA claim at any point during the claims process, talking to a VA disability attorney may be helpful.

The VA disability attorneys at our firm provide free consultations to help you get some answers to your questions.  To find out more about what a free consultation is, what you will learn, and how you can set one up, just take a look at this article.

If you are ready to set one up, there are two easy ways to do that:

    1. Call us at (770) 214-8885
    2. Complete and submit this form

Let me know if I can help.

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.

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OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously. I highly recommend Perkins Studdard LLC to represent you!! Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
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I recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly. If you need help with an injury etc… Perkins & Studdard is who I highly recommend!!!tim copley
After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited. I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process. Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for. I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa

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