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What The VA Won’t Put In Writing

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We decode the evidence rules, exam traps, and rating tricks the VA won’t spell out, then fight to win what you earned.

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Information here is free. Optional accredited representation, no fees unless you win.

VA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTIONVA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTION
Remands: Why "Sent Back" Is Not a Loss
← Back to the BlogAppeals & Denials

Remands: Why "Sent Back" Is Not a Loss

AT

Albert Thombs

Founder & VA-Accredited Claims Agent · #45147

August 10, 20261 min read2 reads

A remand feels like a delay, but it usually means the judge saw a problem worth fixing. Handled right, it is a step toward winning.

When the Board remands your claim, the paperwork can read like a defeat. It usually is not. A remand means the judge identified something that has to be corrected before your claim can be properly decided, and that correction often helps you.

Why claims get remanded

Common reasons include an inadequate exam, records the VA failed to obtain, or a duty-to-assist error. The Board sends the claim back with specific instructions to fix the problem.

Appeals & Denials, illustration
Understanding appeals & denials, what the VA looks for.

Make the remand count

Here is the catch: the VA does not always follow the remand instructions completely. You are entitled to have the ordered development done correctly, and a failure to comply is itself grounds for further appeal. We track the remand orders and hold the VA to them.

A remand is a second chance built into the system. Do not treat it as a loss, treat it as the opening it is.

Official VA Video · Government Produced
Your VA Claim Exam: What to Expect

When the VA denies a claim or assigns a low rating, the rater's decision is measured against the regulatory development procedures in M21-1, Part IV, Subpart i, Chapter 1 (Duty to Assist), and the rating guidance in Part III, Subpart iv, Chapters 4–5. Under Clemons v. Shinseki, the VA must consider every theory of entitlement reasonably raised by the evidence, not just the one the veteran named on the form. Under Gilbert v. Derwinski, when the evidence for and against a finding is in approximate balance, the VA must resolve the doubt in the veteran's favor, the benefit-of-the-doubt standard at 38 CFR §3.102 is mandatory, not discretionary. If the rating decision ignored evidence in the file, cite Colvin v. Derwinski, the VA cannot substitute its own medical judgment for competent medical evidence of record.

Remands: Why "Sent Back" Is Not a Loss, supporting image
Filed under:Appeals & Denials
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Your responsibility as a veteran

Your Part in This Is Not Optional

I will be straight with you. No advocate on earth can win a claim for a veteran who will not do his or her part. The VA decides on the record, and you are the only person who can build the medical side of that record. We do the legal and forensic work. You do yours. Here is what that means, every single time:

  • See a doctor and get every symptom written into your medical record. If it is not on paper, the VA treats it as if it never happened.
  • Keep a symptom journal. Dates, flare-ups, missed work, the nights you did not sleep. That is the evidence of how this condition actually runs your life.
  • Answer every VA letter and every request for evidence before the deadline. Silence gets claims denied.
  • Show up to your C&P exam and describe your worst days honestly. Do not tough it out in that room. Do not exaggerate either.

You do your job and we will do ours. That is how claims get won.

Choose Your Service

The Three Services

We offer three completely separate services, kept distinct on purpose so you know exactly what you are buying, what it costs, and how it is paid. These are not tiers of one agreement, you choose the single option that fits your situation.

Two are contingency representation with no cost up front; they differ by how hard the case is and how the fee gets paid. The third is a flat-fee forensic report for the veteran who wants to fight the claim himself.

An accredited claims agent and a veteran reviewing a clean, single-issue appeal together
Option 1

Standard Direct-Pay Representation

20% of back pay

No cost up front, nothing out of pocket. The VA withholds our fee and pays us directly under §14.636(h). Best for cleaner, more recent, single-issue denials, routine higher-level reviews, supplemental claims, and rating increases, carried all the way to the Board of Veterans’ Appeals.

See full details
An advocate reviewing a veteran's decade-deep claims file
Option 2

High-Complexity Representation

30% of back pay

For high-complexity cases, long claim histories, prior Board denials, CUE, complex effective-date and TDIU fights, multi-issue toxic exposure. Still no cost up front. Because the VA pays a rep only up to 20% directly, the VA sends your full retro to you and we invoice you directly for the 30%. Lawful, but never entered into lightly.

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A forensic file audit in progress
Option 3

Mission 5 Intelligence Brief

$750 flat

A standalone forensic file review and written road map, not representation. For the veteran with a tough, older case who wants to fight it himself and keep 100% of his back pay. We audit your file, show you every error, and hand you the plan. Available only to veterans who already have a VA decision.

See full details

The exact contingency percentage on your case is set in a written agreement by the complexity of the work, always within the maximum the law allows. Federal-court litigation, if it is ever needed, is a separate, pre-agreed arrangement.

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Denied or under-rated?

Talk to a VA-accredited claims agent about your claim

Albert L. Thombs Jr. is a US Army veteran, VA-Accredited Claims Agent #45147, and 100% service-connected himself. He personally reviews every request. Fees are capped by 38 CFR §14.636, and there are no fees on representation unless you win.

702-992-4883

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Questions are always free. The Mission 5 Brief is $750 flat.