When a veteran disagrees with a decision made by the BVA regarding their benefits, they have the option to appeal to the CAVC. The Court for Veterans Claims (CAVC) is a federal court with jurisdiction over the decisions made by the BVA. This court simply reviews the decision to make sure that the BVA didn’t make any legal or procedural errors. One scenario that could happen during this review is a remand. A CAVC remand is when the court determines that the BVA decision has significant issues and gets sent back to the BVA to correct the errors. In this blog, we will be covering what exactly happens after a CAVC remand so veterans better understand the process.
Understanding a CAVC Remand
A CAVC remand is not a final decision, it is an opportunity for the VA to correct their errors and make a proper decision. For veterans who received this decision, it is important for them to be aware of the reasons for the remand and ensure that the necessary steps are taken to strengthen the claim. Here are some of the most common reasons a remand may be issued:
- Inadequate Consideration of Evidence
- Failure to Provide Adequate Reasons and Bases
- Errors in Applying the Law
- Inadequate Medical Examinations or Opinions
- Failure to Consider Favorable Evidence
- Incomplete or Inaccurate Record Gathering
Steps That Follow a CAVC Remand
- Return to the BVA
The first step that follows a CAVC remand is the case is sent back to the BVA for further review. The CAVC will have instructions outlined in the remand order that the BVA will need to follow. These instructions could include re-evaluating evidence, gathering new information, or using correct legal standards. The BVA’s compliance with the remand instructions is very important for the outcome of the veteran’s appeal.
- Further Development of Evidence
Next, in many remand cases, it may be necessary to develop more evidence. This could be any missing information from the previous claim like medical records, or even getting new medical opinions to evaluate the case. The BVA may have to coordinate with the VA to get new medical examinations scheduled to address any issues that the CAVC mentioned, for example, to clarify the severity of the veteran’s condition. It is essential for veterans to take advantage of this opportunity to represent new evidence so their case can be better evaluated.
- VA Regional Office (RO) Involvement
Often, the VA Regional Office (RO) may get involved in the evidence development process. The RO is typically responsible for gathering medical records, processing any new examinations, or checking the accuracy of previous evidence. This makes sure the all necessary information is gathered to follow the CAVC’s remand instructions. Once the RO has completed the additional evidence gathering, the case is typically returned to the BVA for a final decision. The involvement of the RO is a key part of ensuring the remanded claim is handled thoroughly and accurately before it moves on to the next phase of review.
Timeframe and Expectations
The timeline for a CAVC remand depends on the details of the case and the VA’s workload. Once all evidence is collected and it is time for the BVA to make a final decision following the CAVC’s guidelines, this can take several months. Anywhere from three to nine months can be expected, depending on how complex the case is. As a whole, the entire remand process can take anywhere from 12 to 26 months, or sometimes longer. During this time, it is important to remain patient. A remand from the CAVC means the case is still active and has the potential for a positive result—making the wait worth it in the end.
Moving Forward After a CAVC Remand
In the end, a CAVC remand is a good thing for veterans. It gives them a chance to receive a more favorable outcome by having the BVA correct the errors they made. While the timeline can vary greatly and often requires patience, understanding each step—from the return to the BVA to gathering additional evidence, to potential involvement from the VA Regional Office—can help veterans stay informed and proactive throughout the process.
If you’re dealing with a CAVC remand, you don’t have to go through it alone. At Veteran Esquire Legal Solutions, we specialize in helping veterans navigate the VA appeals process, including remanded cases. Our experienced team is dedicated to fighting for the benefits you deserve and ensuring that your claim is thoroughly evaluated. Contact us today.