Claim Raven explanation
What this means
After the Board remands a legacy appeal, the agency of original jurisdiction completes the ordered development, reviews the whole record, and either grants the benefits or issues a Supplemental Statement of the Case for issues still denied.
A remand is not a final grant or denial of the remanded issue. It directs additional evidence or procedural work before another decision. If all sought benefits are granted, VA informs the appellant; otherwise the remaining issues return toward the Board after required processing.
How this helps your claim
After the Supplemental Statement of the Case, the claimant has the response period stated in the rule before return to the Board. The agency may not close the remanded appeal merely because the claimant did not respond to that Supplemental Statement.
What to check in your records
Compare each instruction in the Board remand with the development performed and the issues addressed in the post-remand decision or Supplemental Statement.
- Keep the complete Board remand and make a checklist of every directed action.
- Gather the examinations, records requests, opinions, and notices created during remand development.
- Preserve the post-remand grant or Supplemental Statement and any response submitted during the allowed period.
Audit the remand instruction by instruction
Use the Board’s numbered directions as the checklist. For each one, identify the resulting document and whether it answers the requested question.
If a new medical opinion was ordered, compare its reasoning with the remand’s exact request. A completed appointment does not necessarily mean the requested analysis was supplied.
Can VA close a remanded legacy appeal because I did not answer the Supplemental Statement?
No. This rule says remanded cases will not be closed for failure to respond to the Supplemental Statement of the Case. VA must return the case to the Board for further appellate processing when the benefit remains denied.
Official regulatory text
38 CFR § 19.38
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 19.38 Action by agency of original jurisdiction when remand received.
When a case is remanded by the Board of Veterans' Appeals, the agency of original jurisdiction will complete the additional development of the evidence or procedural development required. Following completion of the development, the case will be reviewed to determine whether the additional development, together with the evidence which was previously of record, supports the allowance of all benefits sought on appeal. If so, the appellant and his or her representative, if any, will be promptly informed. If any benefits sought on appeal remain denied following this review, the agency of original jurisdiction will issue a Supplemental Statement of the Case concerning the additional development pertaining to those issues in accordance with the provisions of § 19.31 of this part. Following the 30-day period allowed for a response to the Supplemental Statement of the Case pursuant to § 19.52(c), the case will be returned to the Board for further appellate processing unless the appeal is withdrawn or review of the response to the Supplemental Statement of the Case results in the allowance of all benefits sought on appeal. Remanded cases will not be closed for failure to respond to the Supplemental Statement of the Case.
(Authority: 38 U.S.C. 7105(d)(1) (2016))
[57 FR 4104, Feb. 3, 1992, as amended at 69 FR 53808, Sept. 3, 2004; 73 FR 40748, July 16, 2008; 84 FR 179, Jan. 18, 2019]
Related references
- 38 CFR § 19.37: New evidence after a legacy appeal begins
- 38 CFR § 20.904: When the Board remands or refers a matter
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