What the BVA Will Decide
Once the BVA has reviewed an appeal, it can either deny claims, grant claims, or remand claims (meaning it sends the claim back to the VA Regional Office to correct an error and decide the claim again). In the AMA system, the BVA can only remand a claim if the VA Regional Office failed to fulfill its obligation to assist the veteran in developing the claim—for example, if the VA Regional Office should have provided an examination of the veteran but didn’t, or if the VA Regional Office failed to obtain treatment records that the veteran identified as relevant to the claim.
If the BVA remands a claim, then the case will return to the VA Regional Office to complete whatever assistance the BVA decided it should provide to the veteran. If the VA orders an examination for the veteran, it is very important that the veteran reports to the examination. If the veteran doesn’t show up, VA is likely to deny the claim. If something like work, illness, or other circumstance prevents the veteran from reporting for the examination, the veteran should submit an explanation to the VA in writing so that another examination can be scheduled.
Unlike in the legacy appeals system, once the VA Regional Office has finished developing the case and issued a new decision after a remand, the case does not return to the BVA. If the veteran disagrees with the new rating decision, they may choose one of the three appeal or review options all over again.