Is a remand from BVA a good thing?
Receiving a remand from the BVA is a mixed blessing. On the one hand, the Board has not denied your claim(s), allowing you to continue to proceed with your case. Yet, on the other hand, the battle to get your entitled benefits continues without any apparent end in sight.
How long after BVA hearing before I get a decision?
Generally, the veterans law judge will wait a least 90 days after the hearing to provide their decision. This allows time for submission of any additional evidence if the veteran chooses to do so.
What percentage of VA remands are approved?
Veterans represented by attorneys saw the best results: 40.9% of their cases allowed. 38.5% remanded.
How long does a BVA appeal take?
Unless you are filing a fully developed claim, or your appeal is so simple that the Board of Veterans’ Appeals (BVA) can issue an award within 30 days, your initial claim can take anywhere from 9-15 months to process. The VA appeals process timeline for an informal claim is typically within 9-12 months.
How long do VA remands take?
3 to 12 months
In reality, it can take anywhere from 3 to 12 months before a new decision on a VA remand is issued. If a veteran’s appeal is returned to the Board again it usually takes several months to be reviewed, depending on the current backlog at the Board.
What happens after a BVA remand?
If your VA disability appeal is remanded, it will be sent back to the VA Regional Office (VARO). Your claim will get further development or reconsideration once back at the VARO. BVA remanded decision occur because the VARO must get updated or additional evidence to issue a new decision.
What are the chances of winning a VA appeal?
The Board of Veterans’ Appeals Annual Report for Fiscal Year (FY) 2018 indicated that the VA disability appeals success rate for veterans was 35.75 percent. Specifically, out of 85,288 decisions issued, 30,492 were allowed, or granted.
Is a BVA remand appeal good?
“Remand” is a legal term that means a superior court is sending an appeal back to a lower court for another look. A remand means that the BVA is sending your case back to the regional VA office for additional development. With your appeal as presented, the BVA believes it cannot make a full or fair determination.
How successful are VA appeals?
In 2018, the percentage of appeals approved with an attorney was 44.61%, while only 27.22% of appeals were approved with no representative. In 2019, 46.31% of appeals were approved with an attorney, while only 26.18% were approved with no representative.
Is VA TDIU permanent?
TDIU is one of several special claims benefits that the VA offers to disabled veterans. Veterans may receive TDIU benefits on a temporary basis or indefinitely. When a veteran cannot return to any type of gainful employment, they may qualify for TDIU with permanent and total benefits.
Is it worth appealing a VA disability claim?
While it may be tempting to give up, it is always worth it to file an appeal in your benefits case. After all, you are granted up to one year from the date your regional office (RO) sends you its decision to file for an appeal, so there is no harm in asking the VA to take a second look at your claim.