In some cases, after a Veteran has presented their appeal to the Board of Veterans Appeals (BVA), a Veterans Law Judge (VLJ) may remand an appeal to address any outstanding issues before rendering a final decision.
By Matthew J. Brown, Esq.
VA-accredited attorney and partner at Wolf & Brown Law Offices
Generally, a Remand Order is a decision made by a VLJ wherein they summarize the evidence and direct the Veterans Administration to conduct additional development. This additional development may include the correction of any due process errors committed by VA including failing their Duty-to-Assist a Veteran in obtaining existing records such as service personnel or treatment records, obtaining records that are held in federal custody, or obtaining any relevant Social Security Disability records.
Alternatively, the VLJ may also require the development of additional evidence including requesting medical examinations or medical opinions for the remanded appeals. Overall, if your appeal is remanded, the instructions for the Remand will vary based on each individual Veteran’s case.
That said, the processing of the Remand Order is a crucial step in the appellate process.
For example, if the VLJ ordered the VA to obtain a medical examination and opinion, it is not enough to ensure that VA provided you with that medical examination and opinion. You must take the time to ensure the opinion provided by the VA is adequate for consideration by the VLJ. More often than not, these examinations and opinions are inadequate and often go unchallenged before returning to the VLJ for consideration.
Additionally, when a Remand occurs, it may also provide you an opportunity to submit additional evidence or legal argument in support of your appeal. Secondly, if the VA conducts its development and continues to deny the appeal, you are provided an opportunity to challenge and rebut any findings they make, administrative or otherwise.
Again, this is a critical step in the appeal process. It’s especially important to have an experienced and VA-accredited attorney at your side.
At Wolf & Brown, we encourage Veterans facing the appeal process to schedule a free consultation so we may evaluate their case.
Relevant pages: NJ Vet-Wire; Veterans Disability