What Is A “Stegall Violation”?
A Stegall Violation is a common error in Veteran Disability Claims. The name comes from the case: Stegall v. West, 11 Vet App. 268 (CAVC 1998).
A previous remand confers on the claimant, as a matter of law, the right to compliance with the remand orders.
Stegall v. West, 11 Vet. App. 268 (1998)
In other words, it gives you the right to VA compliance with the terms of a remand (send back) order.
Your Veteran disability claim may have to travel through a maze of different offices before your claim is granted. It goes from the VA Regional Office (VARO) to the Board of Veterans Appeals (BVA), to the Court of Appeals for Veterans Claims (CAVC), and often back and forth several times. In the course of this exchange, both the CAVC and BVA issue orders to the VA Regional Office on how to correct certain errors in the claim. If the BVA fails to follow an order of the CAVC when it issues a subsequent decision, or if the VARO fails to follow an order of the BVA when it reviews and decides a claim on remand, then it is possible that a “Stegall” error has occurred. The solution for a “Stegall” violation is for either the BVA or CAVC to vacate the decision containing the error and remand it to the offending level (VARO or BVA) for correction.
Do you believe you have a Stegall violation in your Board of Veterans Appeals (BVA) decision? If so, this can often be a viable grounds for appeal to the Court of Appeals for Veterans Claims(CAVC). CALL NOW – 800-861-7262 for a free legal consultation.
