When a court case is remanded, it means an appellate court sent the case back to a lower court to fix an error. However, the VA has its own system, so when a VA claim is remanded by the BVA, it goes back to a VA regional office for additional processing before a decision is made.
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In this article about VA remands
What is the BVA?
The Board of Veterans’ Appeals (BVA), is a decision-making body within the VA. The BVA is made up of a chairman, vice chairman, and nearly 1,200 Veterans Law Judges and board members. They make decisions when a veteran appeals a claim.
The BVA can approve, deny, or remand your claim.
What are BVA remands?
If your VA appeal is remanded by the BVA, it is sent back to the VA Regional Office (RO). A BVA remand may instruct the RO to gather updated or additional evidence before taking another look at the claim. Once a case is remanded by the BVA, the RO will treat it as a priority and expedite its processing. The RO will also have a duty to assist the veteran in gathering the information requested in the remand, just as it does when an initial claim is filed. If the RO still cannot grant everything on the appeal, it will send the case back to the BVA.
Although remands will extend the amount of time a veteran must wait for a decision, they often lead to useful evidence being added to the claim’s file.
There are several reasons that a VA disability appeal may be remanded by the BVA. These reasons can also depend on whether your appeal is being processed in the VA’s legacy system or AMA system.
“From the day we contacted [Woods and Woods], they made us feel so comfortable. They treated us like we mattered and we were not just clients but family.”
L.B., a Navy veteran and wife in Florida
BVA remands in the legacy system
For legacy appeals (VA decisions made before Feb. 19, 2019), the BVA is required to remand a veteran’s claim for any duty to assist errors that occurred at any time while the appeal is pending. Some common examples include:
1. The veteran’s disability worsened or they need a new exam
If the veteran’s disability worsens while they are in the appeals process or their last exam is no longer thought to be accurate, the BVA may remand the claim and have the RO gather additional evidence or request a new medical exam.
If your condition significantly changed since your last exam, the new medical exam will provide more accurate information for the BVA to review. You should receive a request for a new exam that identifies your case as a Board remand.
2. The RO processed the claim incorrectly
If the BVA believes a mistake was made and your claim was processed incorrectly at the RO, they may tell the RO to correct their mistake. The BVA may decide the RO did not consider the claim using the correct legal precedents, the claim was not evaluated appropriately, or it failed in its original duty to assist in gathering all of the necessary documents and evidence.
3. The law changes or was not fully considered
If there is a change of law during your appeal that affects you, your decision may be remanded. An example of this would be the VA accepting a new presumptive condition or failing to apply an existing presumption to your claim. If there is a change in the way your disabilities are rated during your appeal, you may receive a BVA remand.
4. New evidence was introduced during the appeal that the RO did not address
If you introduce new evidence to the BVA that the RO did not review, the BVA can choose to remand your claim. New evidence may include additional medical records, employment records, or lay statements. In such a case, the claim is sent back to the RO, where it is required to reexamine and reconsider your claim with the new evidence included.
The BVA has the authority to review a claim with new evidence without sending it back to the RO with permission from the veteran.
BVA remands in the AMA appeal system
For appeals processed in the AMA system (VA decisions made after Feb. 19, 2019), the BVA is no longer required to remand an appeal to obtain additional evidence.
However, if the BVA finds that the RO made a duty to assist error before making its initial decision on the claim, the BVA can remand the case for the RO to fix that error. It is important to note that the duty to assist error must be “pre-decisional.” This means that the error must have occurred before the RO made an initial decision on the case.
The BVA has the authority to review a claim with new evidence without sending it back to the RO and without permission from the veteran if they choose to do so.
“They brought me from being stuck at 30%. Denial after denial. Finally rated at 70%. Appealed for total and unable to work disability since 2014. Without Woods and Woods, I would still be stuck at 30%.”
F.H.
What happens after a BVA remand?
After a VA remand, the RO should handle the remand in an “expeditious” manner. This means work should begin on the remand at the RO within 15 days of receiving it. However, the remand should stay at the RO for at least 30 days before being sent back to the BVA.
The RO must follow all of the instructions on the BVA remand without skipping any steps. If there is anything that cannot reasonably be done, a special memorandum must be filed.
Depending on the reason for the BVA remand, the RO will either make a new decision on the claim or return it to the BVA for its consideration, with updated information.
At this point, the BVA can grant, deny, or remand the decision once again.
How long does a BVA remand take?
The BVA does not have a set amount of time to make a decision after an appeal is remanded.
However, the VA expects remands to be handled as quickly as possible by the RO. They are to be given “special attention” and processed “expeditiously,” and work should begin on the remand within 15 days of the RO receiving it.
It will likely still take many months to receive a decision after a remand is handled, depending on BVA wait times.
How our VA disability appeal lawyers can help
The VA disability appeal process is complex, and veterans may benefit from obtaining legal representation to navigate the VA’s complicated rules, deadlines, and forms.
The VA -accredited attorneys at Woods and Woods only charge a fee if your appeal is successful. Our fee is a percentage of back pay plus case expenses. We never touch future monthly checks, and if your appeal is not successful, you pay Woods and Woods nothing.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
No. Often BVA remands happen because the BVA is recognizing the RO made an error on your claim that should be corrected and handled appropriately.
Unfortunately, there is no way to keep the VA from making mistakes, but you can ensure you do everything as correctly as possible on your end when filing your claim or appealing.
Yes. If your VA disability appeal is remanded and you later are approved, you will receive back pay for that time. This lump sum check will be for benefits dating back to your effective date. Generally, your effective date is the day you filed your claim, with some exceptions.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
