Search results
Results from the WOW.Com Content Network
The AOJ must complete the specified actions and readjudicate the claim. If the readjudication does not fully grant the issue on appeal, the appeal must return to the Board for further review. Under the AMA, a remand returns jurisdiction of the claim to the AOJ to issue a new decision consistent with the remand directives.
A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at ...
The United States Court of Appeals for Veterans Claims is commonly referred to as the Veterans Court, USCAVC, or simply CAVC. The court was previously known as the United States Court of Veterans Appeals, but was changed to the current name by the Veterans Programs Enhancement Act on March 1, 1999 (Pub.L. No. 105-368). [3]
Remand is not required where there is nothing left to do in the case. "Generally speaking, an appellate court's judgment provides 'the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified'".
Al Giordano's new law office in Perdido Key focuses on ensuring veterans get the help they need from the United States Department of Veterans Affairs.
A grant, vacate, remand (GVR) is a type of order issued by the Supreme Court of the United States in which the Court simultaneously grants a petition for certiorari, ...
Remand orders are not generally appealable [citation needed], but may be appealed in the case of removals brought under the Class Action Fairness Act of 2005 or where the Federal Deposit Insurance Corporation appeals a remand order under 12 U.S.C. § 1819(b)(2)(C). An alleged waiver of removal rights is also appealable, since the issue is not ...
He served again from 1980 to 1982; however, this period of service was characterized as other than honorable. The Board initially denied his claim for a psychiatric disorder in 1987. He attempted to reopen at the regional office in 1992, resulting in several remand actions by the Board, which culminated in a Board denial in September 2002.