What Is Remand
A remand is a decision by the Board of Veterans' Appeals (BVA) or Court of Appeals for Veterans Claims (CAVC) that sends your claim back to the VA Regional Office (VARO) or BVA for additional evidence development, correction of procedural errors, or reconsideration based on new legal standards. It is not a final decision on your benefits.
Remand vs. Reversal
Veterans often confuse remands with reversals. A reversal means the higher court disagreed with the lower decision and awards you benefits. A remand means the court found problems with how your case was developed or decided, so it goes back for another look. You might ultimately win on remand, lose, or receive a different rating than originally denied.
BVA remands are common. In fiscal year 2023, the BVA issued remands in approximately 35% of appealed cases, compared to 28% reversals and 37% denials.
Common Reasons for Remand
- Inadequate C&P exam: The Compensation and Pension examination was incomplete, the examiner did not address your claimed conditions, or the exam did not include necessary testing.
- Missing nexus letter: No medical opinion connecting your service to your current disability, or the nexus letter submitted was too vague to establish service connection.
- Insufficient development: The VA did not obtain available lay statements, military records, buddy letters, or relevant medical treatment records.
- Rating error: The VA applied the wrong diagnostic code or miscalculated your percentage rating using the VA Schedule for Rating Disabilities.
- New legal guidance: A court decision changed how the VA must interpret evidence or apply the law to your condition.
- Failure to follow duty to assist: The VA did not provide adequate notice of what evidence was needed or failed to obtain records it could have obtained.
What Happens on Remand
When your case is remanded, the VARO or BVA must take specific action. The remanding authority provides instructions on what needs to be done. Typically, this means scheduling a new C&P exam with corrected parameters, requesting additional medical evidence, obtaining a supplemental nexus opinion, or gathering evidence you identified in your appeal.
You have the right to submit additional evidence during the remand period. If you work with a Veterans Service Officer (VSO) or VA-accredited representative, they can help you gather supporting documents and ensure the VA addresses every issue the court identified.
After the remand work is completed, the VARO issues a new rating decision, or the BVA reconsiders your appeal. You then have appeal rights if you disagree with that outcome.
Timeline Considerations
Processing a remand typically takes 4 to 12 months at the VARO level, depending on workload and whether a C&P exam must be scheduled. BVA remands may take longer if multiple issues require development. During this time, you remain entitled to any previous rating or benefits unless the remand explicitly suspends them, which is rare.
Common Questions
Does a remand help or hurt my chances of winning?
A remand is generally positive. It means the court found a legitimate problem with how your case was handled. If the VA fills the gaps on remand, evidence often becomes stronger. However, there is no guarantee. The VA could collect new evidence that does not support your claim. Still, most remands give you a second opportunity that would not have existed otherwise.
What should I do while my case is on remand?
Gather any additional medical records, continue treatment with your providers, and document how your service-connected conditions affect your daily life. Provide this evidence to the VARO as soon as possible. Contact your VSO or representative to ensure they stay involved throughout the remand process and attend any rescheduled C&P exams.
Can I appeal a remand decision?
Yes. Once the VARO issues a new rating decision on remand, you can appeal that decision through the same process, including requesting another BVA or CAVC review if you still disagree.