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.

I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely. The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester
Perkins Studdard LLC is the place you need to be if you have a Workers Comp case going on! Mr. Jason Perkins and his staff get the results that you need. They work with you and fight for you.Coming from another lawyer my husband and I were really surprised and appreciated the communication and honesty and understanding throughout the entire process. My husband loves the videos because they held so much information and helped him understand what what was going on. Thank you so much for representing us!!!Deborah Tompkins
I highly recommend Jason Perkins and the Team at Perkins and Studdard. Jason did a wonderful job on my case and actually got me better results than what I was hoping for. He was always so patient with me and made sure I was understanding every process in my case. He never seemed to mind me asking questions and always gave me straightforward answers. My phone calls to him or his staff were promptly answered or returned and everyone was always so helpful, personable, and respectful. He kept me updated on all the details of my case and sent helpful videos for me to review that were very informative.Dru Vaughn
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