Veteranclaims’s Blog

October 10, 2010

Veterans Court, Top Reasons For Remanding a Claim

This is a very useful presentation by the PVA [Paralyzed Veterans of America] that should be used by every veteran filing a claim and appealing a claim.

Reasons for Remand, PVA

Reasons for Remand
“Top reasons the Veterans Court remands cases to the Board of Veterans’ Appeals are for:
1. VA medical examinations;
2. VA social/industrial surveys;
3. resolution or clarification of
diagnoses;
4. VA field examinations;
5. VA records;
6. military records;
7. private medical records;
8. Social Security records;
9. consideration and application of
additional laws and regulations;
10. consideration of a claim under a
new law or regulation;
11. consideration of the claim under
new court precedent;
12. BVA to provide better statements
of reasons or bases; and
13. VA to adequately address the
credibility of the evidence.

This list is a good tool to use when you begin reviewing cases before filing notices of disagreement, substantive appeals, or arguments to the BVA.
The list indicates the types of VA error the Veterans Court will not tolerate.
You can compare the record you are reviewing to see whether it contains
any of these issues or omissions. If it does, you then have a good chance to influence the VA to undertake additional development action in the case. If it does not take corrective action, we have a good chance of securing a remand from the Veterans Court if the veteran appeals to the Veterans Court.

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