The Importance of a Remand at the U.S. Court of Appeals for Veterans Claims
If the Board denies your claim and you appeal to the U.S. Court of Appeals for Veterans Claims (known as the “CAVC”), you should be aware that this is a very powerful strategy. If you had to re-file your claim back at the regional office, the effective date for your claim will usually be the date that VA received your re-filed claim. In most cases, if you have to re-file your claim, you lose several years of potential back pay. On the other hand, if the Court overturns and remands (sends back) your case to the Board, you are free to submit any new evidence or arguments you wish. If this evidence results in a victory, your effective date will be the original date VA received your claim. A remand from the Court allows your claim to survive and keep the original effective date. If you have to re-file, then your effective date will be the date VA receives the re-filed claim.