CAVC Decision June 26, 1998

Stegall

Stegall v. West, 11 Vet. App. 268 (1998)

Compliance with Remand Orders

Summary

The Court held that when the Board remands a case for specific development actions, the agency must comply substantially with the remand directives. A remand confers upon the veteran the right to compliance with the remand orders. If the agency fails to comply, the veteran is entitled to another remand to ensure compliance.

Key Points

  • VA must comply with Board remand instructions
  • Veteran has a right to remand compliance
  • Non-compliance requires another remand
  • Ensures Board directives are followed
  • Important for enforcing proper development of claims

When This Applies

If the Board previously remanded your case with specific instructions that weren't followed, you can argue for another remand under Stegall. Review your remand orders and compare them to what actually happened. If the VA didn't do what the Board ordered, point this out in your appeal.