What this means
m21-5:7.G.4 explains developing evidence in remands. In plain terms, the official guidance says follow the Board’s detailed directives when developing evidence for a remand by ensuring all required actions are taken in compliance with the remand. It also addresses the Board is not required to remand an appealed disability benefit claim solely because time has elapsed since an adequate examination report was obtained.
How this may help with a claim
Use m21-5:7.G.4 to audit how VA handled developing evidence in remands. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Follow the Board’s detailed directives when developing evidence for a remand by ensuring all required actions are taken in compliance with the remand. The Board is not required to remand an appealed disability benefit claim solely because time has elapsed since an adequate examination report was obtained. Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: developing evidence in remands
- Confirm that the record or notice addresses this source point: reviewing additional evidence and development actions for the remand, and
- Document how this stated step or exception applies: 7.G.4. a. Developing Evidence in Remands
Important limits
m21-5:7.G.4 explains VA guidance for developing evidence in remands; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: Follow the Board’s detailed directives when developing evidence for a remand by ensuring all required actions are taken in compliance with the remand. When a Board remand directs development for an aggravation opinion (including Allen aggravation), the development activity may prepare and order the medical opinion based on the Board instructions.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Developing Evidence in Remands
- m21-5:7.G.4
- Developing Evidence Remands
- Developing Reviewing Transferring Remands
- determining adequate examinations
- requesting examinations remands
- routing claims folder independent
- referring remands rating authorization
Original VA guidance
The official VA text of this section
4. Developing, Reviewing, and Transferring Remands
Introduction
This topic contains information on developing, reviewing, and transferring remands, including
- developing evidence in remands
- determining adequate examinations
- requesting examinations for remands
- routing the claims folder for an independent medical opinion
- referring remands for rating and authorization activity
- reviewing additional evidence and development actions for the remand, and
- returning the remand to the Board.
Change Date
June 10, 2026
7.G.4. a. Developing Evidence in Remands
Follow the Board’s detailed directives when developing evidence for a remand by ensuring all required actions are taken in compliance with the remand. If any action is not undertaken, or is taken in a deficient manner, appropriate corrective action is required.
If a deviation from the Board directives is required, the claims processor must prepare a memorandum detailing the facts and circumstances to inform the subsequent reviewers why alternate action was taken (refer to the Deviation from Board Remand Directives Memorandum template). The memorandum is necessary to explain the use of different methods for obtaining the Board's intended result. Requests for clarification of the Board's directives should be routed through the local Quality Review Team (QRT) for guidance. If unable to provide clarification locally, DROC QRT management may submit inquiries through the VBA Feedback Loop SharePoint site. Management from non-DROC offices may send inquiries to OAR Quality & Training at VBAWASOARQUALITYTRN@va.gov.
When a Board remand instructs VBA to obtain additional records (for example, military records such as deck logs, unit records, or exposure-related records) claims processors must follow all Board directives and document their efforts in accordance with 38 U.S.C. 5103A. If any action cannot be completed as directed, the claims processor must use the existing Deviation from Board Remand Directives Memorandum template to explain the reason for deviation and detail all development actions taken to achieve the Board's intended result.
Development actions may include, but are not limited to:
- Requests to record repositories (e.g., National Archives, Records Acquisition & Research (RAR), or DPRIS)
- Follow-ups and responses from official sources
- Alternative searches for military records such as unit records, deck logs, or exposure records
- Communications with DoD or other federal agencies regarding record availability
- Confirmation that all available records have been associated with the claims file or that VBA issued a formal finding of unavailability.
The memorandum should certify that all reasonable efforts have been exhausted, and no further development is possible. This approach ensures consistency, compliance with statutory requirements, and proper documentation of all actions taken to satisfy the Board's directive.
Example: Veteran is seeking SC for an injury that occurred during a period of unverified service in 2020. The remand directs VBA to contact the Records Management Center to verify the Veteran’s service.
Since the Board directive would not fulfill the intent of the remand (the records for a period of service in 2020 may be retrieved from DPRIS, not RMC), the claims processor should detail the facts of why the remand directives were not followed and contact the proper records custodian.
7.G.4. b. Determining Adequate Examinations
The Board is not required to remand an appealed disability benefit claim solely because time has elapsed since an adequate examination report was obtained.
An examination deemed adequate for the purposes of determining a claim by the RO (or DROC) will ordinarily be adequate for the Board.
The Board may request an additional examination when the claimant asserts that the disability in question has undergone an increase in severity since the last examination.
Reference: For more information on reviewing examination reports for adequacy, see M21-1, Part IV, Subpart i, 3.A.1.a.
7.G.4.c. Requesting Examinations for Remands
In some situations, the remand requires some type of examination or other efforts from the VHA or a contract examiner. While remand instructions may dictate that a specific type of medical professional conduct the examination, the Board recognizes that such specialists are not always available for VA purposes (for example, rural areas or claimants with a foreign address), and therefore will accept a medical examination from an appropriate examiner as long as VBA has made reasonable efforts to obtain an exam/opinion from a specialist and the examiner indicates the appropriate knowledge base and/or skill set to complete the exam or render the requested opinion.
Follow the steps in the table below to request an examination for a remand.
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| Step | Action |
|---|---|
| 1 | Request the examination in the normal manner, identifying the case as a Board remand. Note: The examination request should be stated in neutral, objective terms, without implying the expected result of the examination. When necessary, use the exact remand language (copy and paste) for examination language specifically requested by the Board. Reference: For more information on examination request procedures, see M21-1, Part IV, Subpart i, 2.A.1. |
| 2 | The Board requires the examiner to review the claims folder in conjunction with an examination. Request the examiner to review a copy of the remand special examination instructions, and all documents in VBMS. Note: Relevant evidence in the claims folder must be tabbed or annotated for the examiner’s attention in accordance with M21-1, Part IV, Subpart i, 2.A.8.d. |
When a specific type of medical professional is not available to conduct the C&P examination and/or medical opinion for VA purposes (for example, rural areas or claimants with a foreign address) as directed by the Board, prepare a memorandum for the Veteran's file documenting all efforts taken to obtain an examination specialist and explain why the specialist could not be obtained. If VHA or a contract examiner state that another qualified medical professional is available to complete the examination and/or medical opinion instead, document this response within the memorandum. The memorandum should include:
- date(s) of request(s) for the examination specialist,
- response from VHA or a contract examiner confirming an examination specialist is not available to conduct the C&P examination and/or medical opinion for VA purposes,
- justification from VHA or a contract examiner for why an examination specialist is not available to conduct the C&P examination and/or medical opinion for VA purposes (for example, rural areas or claimants with a foreign address), and
- confirmation from VHA or a contract examiner that another qualified medical professional is available to complete the examination and/or medical opinion for VA purposes instead.
Refer to the Examination Specialist Unavailable Memorandum template.
When a Board remand directs development for an aggravation opinion (including Allen aggravation), the development activity may prepare and order the medical opinion based on the Board instructions. If, however, the development activity recognizes the need for other “complex” medical opinion types described in M21-1, Part IV, Subpart i, 2.A.7.a., development activity must be refer the claim to the rating activity for review as discussed in M21-1, Part IV, Subpart i, 2.A.7.b.
References: For more information on
- the Compensation and Pension Record Interchange (CAPRI), see the CAPRI User Guide,
- annotating a document in VBMS, see the VBMS User Guide
- determining the choice of examiner, see M21-1, Part IV, Subpart i, 2.A.6.d
- specialist examinations, see M21-1, Part IV, Subpart i, 2.A.6.c
- requesting an independent medical opinion, please see M21-1, Part IV, Subpart i, 2.E.5.c and 38 CFR 3.328, and
- requesting an environmental toxicologist opinion, follow the independent medical opinion procedures in M21-1, Part IV, Subpart i, 2.E.5.a.
7.G.4.d. Routing the Claims Folder for an Independent Medical Opinion
In some situations, a specialist at a medical school will need to review the claims folder received from the Board to conduct an independent medical examination.
In this situation, a representative from a VA facility will personally deliver and pick up the claims folder from the medical school.
Notes:
- If the claims folder exists in an electronic database, the VA facility must print the documents to provide to the specialist.
- The Board may temporarily remove a Board medical advisor’s opinion, prior to forwarding the claims folder to the independent medical expert. Such action would not violate 38 U.S.C. 7104 (a).
Reference: For more information on requesting an independent medical opinion, please see M21-1, Part IV, Subpart i, 2.E.5.a and 38 CFR 3.328.
7.G.4.e. Referring Remands for Rating or Authorization Activity
Refer the remand to the appeals rating or authorization activity when
- all evidence is received,
- VA has fulfilled its obligations to attempt to obtain that evidence, or
- the suspense date has matured, and no additional action is warranted.
7.G.4.f. Reviewing Additional Evidence and Development Actions for the Remand
Follow the steps in the table below when reviewing additional evidence or development action(s) for the remand.
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| Step | Action |
|---|---|
| 1 | Did VA receive the requested evidence? If yes, carefully review the entire record, and go to Step 2. If no, follow the procedures in M21-5, Chapter 7, Section G, 4.g. |
| 2 | If any benefit(s) sought on appeal can be awarded issue a rating decision on the awarded benefit(s) update VACOLS to reflect the issue(s) granted, and route the claim to the authorization activity. If any issue remains denied, go to Step 3. |
| 3 | If one or more benefit remains denied issue an SSOC update VACOLS with the SSOC date DROC Appeals Processors: add the AMC NOD brokering project special issue in VBMS - do not add the SSOC Issued - Awaiting Certification to the Board tracked item Regional Office Special Mission Legacy Appeals Processors: update VBMS with SSOC Issued - Awaiting Certification to the Board tracked item create a VACOLS diary with a 30-day suspense, and go to Step 4. Reference: For more information on preparing and issuing an SSOC, see M21-5, Chapter 7, Section D, 4. |
| 4 | After waiting 30 days for the appellant to respond to the SSOC, close the SSOC Issued - Awaiting Certification to the Board tracked item (if applicable). Did VA receive any relevant evidence that was not previously considered? If yes, but now additional development is required take appropriate action to obtain additional evidence, and return to Step 2. If yes, but the benefit still cannot be granted, go to Step 3. If no, return the remand to the Board as instructed in M21-5, Chapter 7, Section G, 4.g. |
Note: After the RO or DROC renders a decision on the remand, the appellant may submit additional evidence during the SSOC 30-day response period. The appellant may also submit an SSOC waiver that waives the right to have VA wait a minimum of 30 days before returning the appeal to the Board for final disposition. Additionally, the appellant may opt into the modernized review system within 60 days of the issuance of the SOC/SSOC. See M21-5, Chapter 4, Topic 3.
Reference: For more information on using VACOLS, see
- M21-5, Chapter 6, Section A, and
- VACOLS User’s Guide.
7.G.4.g. Returning the Remand to the Board
Follow the steps in the table below to return a remand to the Board.
Note: Remands have already been assigned a docket number and receive active consideration upon receipt by the Board.
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| Step | Action |
|---|---|
| 1 | Ensure all remand instructions have been followed and all relevant evidence obtained. |
| 2 | Once the appeal is determined to be ready for return to the Board, update the Appeal Certification to BVA Worksheet, if used, and follow the steps shown in the table below. Notes: If the VA Form 8 exists in VBMS, ensure the form is identified accurately in the subject line. If processing a paper claims folder, make the above annotations in the Remarks box on the VA Form 8, and reposition the form so that it is the top document in the center section of the claims folder. References: For more information on the Appeal Certification to BVA Worksheet, see M21-5, Chapter 7, Section F, 9. certifying substantive appeals to the Board, see M21-5, Chapter 7, Section F, 3. |
| 3 | In VACOLS under the DISPATCH APPEAL tab, input the date in the DISPOSITION DATE field and select the REMAND RETURNED TO BVA in the DISPOSITION OF REMAND field. |
| 4 | If a paper claims folder exists, route the claims folder for immediate transfer to the Board. |
| 5 | Send the Remanded Appeal Returned to BVA letter from the Letter Creator, or equivalent letter from PCGL, to the appellant and representative notifying them that the remanded case has been returned to the Board. Note: The use of locally generated language for notification of appeal re-certification is not authorized. ROs must immediately discontinue use of notification letters that include any language not approved by the Office of Administrative Review. References: For more information on the Letter Creator, see the Letter Creator User Guide, and PCGL, see PCGL User Guide. |
| 6 | Clear an EP 070 as provided in M21-4, Appendix B. |