What is the best way to respond after getting a "remanded" decision?

SPC Joel Lopez — Thu, 10 Oct 2019 09:37:17 -0400

After 7 years & 2 appeals finally got a favorable (granted) decision on tinnitus issue. The other (lumbar, lower back) claim got a "remanded" label. Didn't know if that was good news or just...ehhhh...ssssorite. I'm going to VSO services to find out. My guess is, deep search to submit more evidence. Since they could "not find" my service health records or "don't exist" I'm sure I will have to find that elusive spine surgeon as I already paid for chiropractic out of pocket at a private clinic. I just can't afford it but hopefully the VA (this time) will assist me in outsourcing & referrals as opposed-to my prior primary. sheeeez & craaaakers!
Am I on the right track? My intense search for this back specialist to evaluate, examine & give me a filled-out nexus statement before this current decision was unbelievably tough to find because most required a current mri & referral which the VA primary did not help me with.
I have a new primary so hopefully this time around I may get better assistance.

Response by CW4 Craig Urban made Oct 10 at 2019 10:33 AM

CW4 Craig Urban — Thu, 10 Oct 2019 10:33:19 -0400

remanded means that disability claim probably will not fly

Response by 1SG Private RallyPoint Member made Oct 10 at 2019 12:16 PM

1SG Private RallyPoint Member — Thu, 10 Oct 2019 12:16:37 -0400

The remand means it comes out of the appeals system and back to your original VA Regional Office for further development. I would be speculating, but best guess is the issue is service-connection.

Response by SSG Michael Scott made Oct 10 at 2019 9:58 PM

SSG Michael Scott — Thu, 10 Oct 2019 21:58:31 -0400

Do not give up

Response by 1SG(P) Richard Warren made Oct 16 at 2019 9:25 PM

1SG(P) Richard Warren — Wed, 16 Oct 2019 21:25:40 -0400

A few questions:

When did you serve, when was the injury, and were you Guard and / or Reserve after or during the injury.

STRs go to a different repository depending on when you served and depending on what branch / component.

Sometimes Reserve and guard units hold on to the records for years (decades) after a Veteran leaves, including Active Duty STRs.

Do a request to the base hospital for all of your service treatment records if VA still can't find them.

Missing STRs is a major problem since we view the absence of evidence as negative evidence against a claim.