VA Remand: Good or Bad News for My BVA Appeal?

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If you’ve received notice that your VA disability claim has been remanded by the Board of Veterans’ Appeals (BVA), you might be wondering—is this good or bad news?

The short answer is: it depends.

While a remand isn’t a final decision, it also doesn’t mean your claim has been denied.

Instead, it signals that the Board believes your case needs more evidence, clarification, or procedural corrections before a final ruling can be made.

In this post, we’ll break down what a VA Board remand really means, why it happens, and how it could actually work in your favor.

You’ll also learn about common reasons for remands, the steps the VA takes to process them, and what actions you can take to keep your claim moving forward.

Pro Tip: A board remand can be a second or third chance to strengthen your case with additional evidence—so don’t lose hope. You’re still in the fight!

Summary of Key Points

• The VA Board Remand: A remand means the Board of Veterans’ Appeals (BVA) has sent your claim back for more evidence, clarification, or corrections. It’s not a final decision, but it keeps your claim active.

• Reasons for Remands: VA claims are usually remanded due to missing evidence, outdated exams, legal errors, or new evidence submitted that hasn’t been reviewed.

• Process and Timelines: Remands must be processed quickly by law, but timelines vary, often taking 3–12 months or longer depending on complexity and VA backlogs. Note that your overall Board Appeal can take 2 years or longer.

• Next Steps for Veterans: Veterans should stay engaged, submit additional evidence if needed, attend scheduled exams, and consider legal assistance to strengthen their claim during the remand process.

VA Remanded Meaning: What is a Board Remand?

A board remand means the BVA has reviewed the case and determined that more evidence or clarification is necessary before reaching a final decision.

The claim is sent back to the VA Regional Office with specific instructions for further development.

Key Features of a Remand:

• Not a Final Decision: A remand is an intermediate step, not an approval or denial.

• Mandatory Actions: The VA must comply with the instructions provided in the remand.

• Veteran’s Rights Protected: If the VA does not properly follow remand instructions, veterans can appeal again.

Why Does the Board Remand VA Claims?

Claims are remanded for various reasons, including:

• Incomplete Evidence: Missing medical records, service records, or lay statements.

• Insufficient Examinations: Outdated or inadequate Compensation and Pension (C&P) Exams.

• New Evidence Submission: The veteran submits additional evidence that the Regional Office has not yet reviewed.

• Legal Errors: The Regional Office evaluated the claim under the wrong legal framework.

• Condition Worsening: Evidence suggests that the veteran’s condition has worsened since the last evaluation.

What is the Board of Veterans’ Appeals (BVA)?

The Board of Veterans’ Appeals, commonly referred to as the Board or BVA, is an appellate body within the U.S. Department of Veterans Affairs (VA).

It reviews and makes decisions on veterans’ appeals regarding disability claims.

Veterans can appeal decisions made by their VA Regional Office (RO) by submitting a Notice of Disagreement (NOD).

3 Types of BVA Decisions

The Board can issue three types of claim decisions:

• Grant: Approval of the veteran’s claim.

• Denial: Rejection of the claim.

• Remand: Sending the case back to the VA Regional Office for additional evidence or actions.

VA’s Duty to Assist During a Remand

The VA has a legal Duty to Assist veterans in developing their claims.

This duty continues during a remand and may involve:

• Scheduling New C&P Exams: Ensuring updated and thorough medical evaluations.

• Gathering Records: Obtaining additional medical records, service records, or personnel files.

• Clarifying Evidence: Requesting more details or lay statements from the veteran.

Veterans should actively cooperate during this process by providing the requested information and attending any scheduled medical examinations.

Is a VA Remand a Good or Bad Thing?

A board remand is neither good nor bad.

While it may delay the process, it often means the BVA is giving the veteran another chance to submit stronger evidence or fix gaps in their claim.

A remand can lead to a favorable claim decision if handled correctly.

What Happens After a Remand?

• Implementation of Instructions: The VA Regional Office follows the Board’s instructions.

• Further Evidence Collection: VA may schedule exams, request medical records, or verify service information.

• New Decision Issued: Once instructions are completed, the VA Regional Office issues a new decision.
  • Approval: The claim is granted, and benefits are awarded.
  • Denial: The veteran can appeal again to the Board.
  • Second Remand: If issues persist, the claim may be remanded again.

Veterans may also choose to file a Supplemental Claim with new evidence or appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) if the Board denies the claim.

Common Actions Taken During a Board Remand

C&P Exams:

• Clarify medical findings or evaluate the severity of conditions.

• Obtain new exams or opinions if prior exams are outdated or inadequate.

Medical Records:

• Secure additional VA or private medical records to support the claim.

Service Records:

• Obtain military service documents or logs to verify incidents or exposures.

Lay Statements and Forms:

• Request VA Form 21-8940 for Total Disability Individual Unemployability (TDIU) claims.

• Seek additional lay statements from the veteran or witnesses.

How Long Does a Board Remand Take?

The length of time for a Board remand varies, but typical timelines include:

• Regional Office Processing: 3–12 months.

• Return to the Board: Several additional months if the claim is not resolved at the Regional Office.

• Backlog Impact: Appeals backlogs can cause further delays, potentially extending the process to 18–24 months or longer.

Veterans facing delays can request expedited processing for hardship, terminal illness, or financial distress.

How Common Are Board Remands?

The Board of Veterans’ Appeals (BVA) had an overall remand rate of 33.6% in FY 2023.

However, the BVA had a remand rate of 48.0% for Legacy VA Appeals, which are among the oldest in the VA system.

Additionally, over the past three fiscal years, the U.S. Court of Appeals for Veterans Claims (CAVC) remanded about 80% of appealed Board decisions, often due to inadequate explanations of the Board’s findings.

These high remand rates indicate that many appeals require further development or clarification, leading to extended wait times for veterans seeking final decisions on their claims.

BVA Approval Rates: Breaking Down the BVA Legacy Decisions Data

Total Decisions – 70,584 Legacy Appeals decisions were issued in FY 2023.

BVA Appeals Success Rates:

• Allowed (33.6%) – 23,742 cases were fully granted.
  • Veterans won their appeals outright without needing further evidence or action.

• Allowed with Remanded Issues (18.5%) – 13,058 cases were partially granted.
  • These cases had at least one issue approved but required additional development for other claims tied to the appeal.

• Remanded (15.1%) – 10,684 cases were sent back to the VA Regional Office for further evidence, clarification, or compliance with procedural requirements.
  • Key Point: Remands are not denials but indicate the Board needs more information to make a decision.

• Denied (43.8%) – 30,891 cases were outright denied.
  • These appeals did not meet the legal or medical evidence required for approval.

• Other (16.9%) – 11,953 cases were classified as “Other.”
  • This category may include dismissals, withdrawals, or other procedural closures.

• Unknown/Administrative Closures (5.7%) – 3,998 cases fell into administrative or procedural categories.
  • These could involve jurisdictional issues or cases closed due to procedural defects.

Key Takeaways:

• 52.1% Approval or Partial Approval Rate – More than half of the decisions resulted in favorable outcomes for veterans, either through full or partial grants.

• High Remand Rate (33.6%) – Remands, including cases with partially allowed issues, highlight the need for additional development and evidence, contributing to delays.

• 43.8% Denial Rate – Nearly half of claims were denied, emphasizing the importance of strong medical and service connection evidence.

What Should Veterans Do During a Remand?

• Stay Engaged: Respond quickly to VA requests for information.

• Document Everything: Keep copies of correspondence, medical records, and forms submitted.

• Seek Legal Help: Consider working with a VA-accredited attorney, claims agent, or Veteran Service Organization (VSO) to navigate the process.

Board Remands: Frequently Asked Questions (FAQs)

What is a Board Remand?

A Board remand occurs when the Board of Veterans’ Appeals (BVA) sends a claim back to the Regional Office (RO) or Decision Review Operations Center (DROC) for additional development, clarification, or compliance with procedural requirements. The remand is not a final decision but is issued to address unresolved issues or gather more evidence before making a determination.

What Happens After My Case Is Remanded?

Once remanded, the RO or DROC reviews the Board’s instructions and initiates development actions, such as gathering additional evidence, scheduling examinations, or verifying service records. After completing the requested development, the case is reviewed, and if the benefit cannot be granted, it is returned to the Board for further consideration.

How Long Does It Take to Process a Remand?

Remands must be processed expeditiously as required by law. The Veterans Benefits Improvement Act of 1994 mandates priority processing for remanded cases. While timelines can vary based on the complexity of the case, compliance with the remand order typically begins within 15 days of receipt. The overall remand process typically takes anywhere between 3 and 12 months from start to finish. Note that your overall Board Appeal could take two years or longer.

What Does Expeditious Processing Mean for Remands?

Expeditious processing means that remands are treated as high-priority cases. The VA must take reasonable actions to gather requested evidence and issue decisions as quickly as possible to avoid unnecessary delays. Failure to meet this requirement could result in sanctions by the Court of Appeals for Veterans Claims (CAVC).

What is a Manlincon Remand?

A Manlincon remand occurs when the Board identifies that a Notice of Disagreement (NOD) was filed but no Statement of the Case (SOC) was issued. In such cases, the Board remands the claim back to the RO to issue the SOC, allowing the appellant to perfect their appeal by submitting a VA Form 9.

What is a Stegall Remand?

A Stegall remand happens when the VA fails to comply with the directives outlined in a prior remand order. The Board must ensure all instructions are followed before making a final decision. Non-compliance results in the case being sent back to the VA for corrective action until the remand requirements are fully satisfied.

Can New Evidence Be Submitted During a Remand?

Yes, new evidence can be submitted during a remand. Veterans are encouraged to provide additional medical records, lay statements, or other supporting documents to strengthen their claim. If new evidence is received, the VA must review it before issuing a Supplemental Statement of the Case (SSOC) or returning the case to the Board.

What If I Disagree with a Remand Decision?

Veterans can respond to decisions made during the remand process by submitting additional evidence, requesting reconsideration, or appealing to the Board if new denials arise. Appeals must be filed within specified deadlines, including the submission of VA Form 9 to continue the appeal process.

What Happens if the Board Grants Benefits but Does Not Specify an Effective Date?

When the Board grants benefits without assigning an effective date, the RO or DROC reviews the claim record to determine the effective date based on the date of claim or when entitlement arose, whichever is later. Staged ratings may be applied if the severity of the condition changed over time.

What is the Role of the Decision Review Operations Center (DROC)?

The DROC handles the development, review, and implementation of remand decisions. It has the authority to authorize benefits, make decisions based on additional evidence, and return unresolved cases to the Board for further review. Specialized cases, such as exposure claims or fiduciary issues, may be transferred to specific ROs for processing.

Can the Board Consider New Evidence Without Returning the Case to the RO?

Yes, the Board can review new evidence without remanding the case back to the RO. This authority is outlined in 38 U.S.C. 7105(e) and allows the Board to expedite decisions by considering evidence submitted directly to it.

How Do I Appeal a Final Decision After a Remand?

If a final decision is made following a remand and the veteran disagrees, they have 120 days to appeal to the Court of Appeals for Veterans Claims (CAVC). Filing a Motion for Reconsideration (MFR) with the Board can also extend the time to appeal to the CAVC.

What Happens if Individual Unemployability (IU) is Raised During a Remand?

If the Board reasonably identifies entitlement to Individual Unemployability (IU) during the remand process, it may either grant IU or remand the claim for development. Veterans may need to submit VA Form 21-8940, and additional evidence may be requested before a decision is made.

Can the VA Request Quality Assurance Records During a Remand?

Yes, the VA can request quality assurance records if relevant to the claim. However, if access is denied due to confidentiality protections under 38 U.S.C. 5705(a), the VA may appeal the denial to the Office of General Counsel (OGC) to determine eligibility for access.

What Are My Rights During the Remand Process?

Veterans retain the right to submit additional evidence, request hearings, and respond to SOCs or SSOCs. They also have the right to appeal decisions following the remand process, including filing motions for reconsideration or appealing to the CAVC.

How Does the VA Ensure Compliance With Remand Instructions?

The VA reviews all development actions to ensure compliance with remand directives. If deviations are necessary, the VA must document and justify the changes in a memorandum. Compliance is certified in VBMS before returning the case to the Board.

What Happens if the VA Cannot Obtain the Required Medical Examination?

If a specialist or specific medical examination is unavailable, the VA documents all efforts to secure the exam and may substitute another qualified examiner. A memorandum is prepared to explain the unavailability and justify the substitution.

What Should I Do if My Address Changes During a Remand?

Veterans should update their address in the Veterans Benefits Management System (VBMS) and other VA databases to ensure timely receipt of decisions and notices. If a decision was mailed to the wrong address, it must be re-sent to the updated address without changing the original date.

What Should I Do If I Receive a Denial After a Remand?

If the VA issues a denial following a remand, veterans can respond with new evidence, request reconsideration, or file an appeal to the CAVC within 120 days. Veterans are advised to seek assistance from accredited representatives to navigate the process effectively.

Can a Remand Include Requests for Independent Medical Opinions?

Yes, the Board may request an independent medical opinion to resolve complex medical questions. These opinions are often sought from expert specialists and are personally delivered and retrieved by VA representatives to ensure security and compliance.

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