What this means
m21-5:7.I.2 explains definition of a CAVC remand. In plain terms, the official guidance says CAVC remands are returned to the Veterans Benefits Administration (VBA) by the Board. It also addresses the table below describes the process for initially reviewing CAVC remands.
How this may help with a claim
Use m21-5:7.I.2 to audit how VA handled definition of a CAVC remand. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: CAVC remands are returned to the Veterans Benefits Administration (VBA) by the Board. The table below describes the process for initially reviewing CAVC remands. 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: For the purpose of this topic, the term CAVC remand means a decision by CAVC that does not resolve the merits of the issues, but returns matters to the Board for further factual development and/or readjudication.
- Confirm that the record or notice addresses this source point: Stage — Description; 1 — Upon receipt in the RO or DROC DC of a case remanded by CAVC, deliver the claims folder to the RO or DROC DC management staff member or designee on the same day.;
- Document how this stated step or exception applies: 2 — The designee reviews the remanded case to ensure that a Veterans Appeals Control Locator System (VACOLS) diary is established within seven calendar days from date of receipt in the RO or DROC DC.
Important limits
m21-5:7.I.2 explains VA guidance for definition of a CAVC remand; 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: CAVC remands are returned to the Veterans Benefits Administration (VBA) by the Board. If OGC and the appellant/attorney settle a dispute, the claim is removed from litigation before CAVC.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Definition of a CAVC Remand
- m21-5:7.I.2
- Definition CAVC Remand
- CAVC Remands
- responsibility CAVC remands
- initial review CAVC remands
- tracking CAVC remands
- CAVC settlements
Original VA guidance
The official VA text of this section
2. CAVC Remands
Introduction
This topic contains information on CAVC remands, including
- definition of a CAVC remand
- responsibility for CAVC remands
- initial review of CAVC remands
- tracking CAVC remands, and
- CAVC settlements
Change Date
July 23, 2024
7.I.2.a. Definition of a CAVC Remand
CAVC remands are returned to the Veterans Benefits Administration (VBA) by the Board.
For the purpose of this topic, the term CAVC remand means a decision by CAVC that does not resolve the merits of the issues, but returns matters to the Board for further factual development and/or readjudication. If additional development is required, the Board may remand the case to VBA, usually to the Decision Review Operations Center in the District of Columbia (DROC DC).
Reference: For more information on DROC DC, see M21-5, Chapter 7, Section G.3.
7.I.2.b. Responsibility for CAVC Remands
VBA and DROC DC management are responsible for
- initially reviewing all CAVC remands to ensure they are processed properly and in a timely fashion upon receipt
- controlling CAVC remanded paper claims folders by
- designing and implementing local procedures to keep these claims folders in a secure area separate from regular files storage, and
- ensuring that any claims folder removed from the secured area is returned by the close of business each day unless the folder is sent to a medical facility in conjunction with a physical examination request
- requesting examinations for CAVC remanded cases, and
- transferring CAVC remands to the Board.
References: For more information on
- initially reviewing CAVC remands, see M21-5, Chapter 7, Section I.2.c
- establishing a tracking system, see M21-5, Chapter 7, Section I.2.d
- requesting an examination, see M21-5, Chapter 7, Section G.4.c, and
- transferring CAVC remands to the Board, see M21-5, Chapter 7, Section G.4.g.
7.I.2.c. Initial Review of CAVC Remands
The table below describes the process for initially reviewing CAVC remands.
Scroll sideways to see the full table.
| Stage | Description |
|---|---|
| 1 | Upon receipt in the RO or DROC DC of a case remanded by CAVC, deliver the claims folder to the RO or DROC DC management staff member or designee on the same day. |
| 2 | The designee reviews the remanded case to ensure that a Veterans Appeals Control Locator System (VACOLS) diary is established within seven calendar days from date of receipt in the RO or DROC DC. |
| 3 | The designee ensures completion of all initial development actions within 15 calendar days from date of receipt in the RO or DROC DC. |
Reference: For more information on the proper handling of CAVC remanded cases, see M21-5, Chapter 6, Section C.
7.I.2.d. Tracking CAVC Remands
The table below describes the process for tracking an active CAVC remand.
Scroll sideways to see the full table.
| Stage | Description |
|---|---|
| 1 | Upon receipt of a remand from CAVC, the Board establishes a VACOLS record. Note: Court remands are differentiated and listed separately in VACOLS. |
| 2 | If action is necessary at the RO or DROC DC, the Board updates the record to remand (REM) status, and if the claims folder is paper, mails the claims folder to the RO or DROC DC. |
| 3 | The RO or DROC DC establishes an end product (EP) 070 series tracks the case in VACOLS, and the Veterans Benefits Management System (VBMS), and maintains diary control. Note: VACOLS enables the user to identify the exact status of the case if an inquiry is received. |
References: For more information on
- DROC DC’s role with remands, see M21-5, Chapter 7, Section G.3, and
- proper EP use for appeals, see M21-4 Appendix B.
7.I.2.e. CAVC Settlements
If OGC and the appellant/attorney settle a dispute, the claim is removed from litigation before CAVC. The settlement typically requires VBA to take actions to which both parties have agreed. The following actions must be completed:
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| Step | Action |
|---|---|
| 1 | OGC emails OAR with the terms of the settlement and specific instructions |
| 2 | OAR forwards the details to DROC DC |
| 3 | DROC DC establishes an EP 070 with claim label Board Full Grant |
| 4 | The date of claim will be the same as the date at the top of the settlement agreement document sent by OAR |
| 5 | When establishing the EP, DROC personnel must also upload the settlement agreement document to VBMS |
| 6 | The CAVC Settlement special issue must be added to at least one contention |
DROC DC is responsible for all development, rating, and/or promulgation actions required by the settlement agreement, with the exception of special mission issues as outlined in M21-1, Part II, Subpart ii, 3.1.b. All decisions must include the aspects of the settlement, as well as any downstream issues that arise as a result of that settlement.
Note: All CAVC settlements must be worked within the timeframe designated by OAR upon notification to the DROC.
Reference: For more information on downstream issues, see M21-5, Chapter 7, Section A.1.f.