Roughly 75% of initial applications for VA disability benefits are denied, that means for every four applications, three are initially rejected. If your initial application for benefits is turned down, know that you’re not alone. Don’t be discouraged. If your claim was denied entirely, the rating level seems too low, or the effective date is wrong, you may want to appeal that decision to the Board of Veterans Appeals (BVA) and try to get a better decision.
The Board of Veterans’ Appeals (BVA) is a decision-making body within the VA, and its members review and make decisions on appeals for VA benefits. 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.
It is important to know your rights in the appeal process. You have the right to appeal an initial denial of benefits, and you have the right to have an attorney be your representative and advocate for you at the appeals level. The success rate at the appeals level is about 26% for Veterans who have no representation. For Veterans represented by an accredited VA Disability Attorney about 46% are approved and about 13% are denied. You probably noticed that these two percentages don’t add up to 100%. That’s because in addition to approving or denying an appeal the BVA may choose a third option: remanding your case.
A VA remand doesn't mean a denial. It means the Board of Veterans' Appeals (BVA) is sending your case back to the Regional Office (RO) for further development or reconsideration, often because more evidence or clarification is needed. A remand can present an opportunity to address issues and provide more evidence, potentially leading to a more favorable decision.
Here's how a VA remand can affect your disability claim:
What a Remand Means:
- Not a Denial:
A remand is not a final decision, but an instruction to the RO to take further action.
- Opportunity for Development:
It allows the RO to gather additional evidence, clarify issues, or address procedural errors.
- Focus on Evidence:
Remands often involve gathering new medical records, scheduling additional exams, or requesting statements from witnesses.
- Expedited Processing:
Once remanded, the RO will treat your case as a priority and expedite its processing.
Reasons for a Remand:
- Change in Law:
A change in VA law or regulations may require a re-evaluation of your claim.
- Worsening of Disability:
If your condition has worsened since the initial decision, the BVA may remand your case to consider the new evidence.
- New Evidence:
If you present new evidence or arguments during the appeal process, the BVA may remand your case for the RO to consider.
- Procedural Errors:
If the RO made errors in processing the claim, the BVA may remand your case for correction.
- Incomplete Evidence:
The BVA may remand your case if they believe that the RO did not gather sufficient evidence to make a decision.
What Happens After a Remand:
- RO Action:
The RO will follow the BVA's instructions, which may include gathering additional evidence, scheduling exams, or issuing a new decision.
- New Decision:
After completing the remand instructions, the RO will issue a new decision on your claim, which may grant your claim, deny it, or remand it again.
- Continued Appeal:
If your claim is denied after a remand, you can appeal the decision to the BVA again, file a supplemental claim, or file a higher level review.
- Effective Date:
If the claim is ultimately granted after a remand, the effective date of your benefits may be the original date your claim was filed, potentially leading to back pay.
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.
The BVA does not have a set amount of time to make a decision after an appeal is remanded.
It will likely still take many months to receive a decision after a remand is handled, depending on RO wait times. If your claim is remanded it will extend the amount of time you must wait for a decision, but a remand often leads to useful evidence being added to bolster your claim.
At Cuddigan Law, we pride ourselves on providing valuable legal services to the servicemen and women of our nation. That is why we do not charge any upfront fees in VA disability cases, making it easier for Veterans to get the help they need with no financial risk. We only get paid when we win your case. Call us today for a free evaluation of your case and to find out how the accredited VA attorneys at Cuddigan Law can fight for your rights.
