Bolds v. McDonough, Case Number 22-2484, decided July 11, 2024 concerns what happens a case is remanded from the Court to the Board and the remand language allows for new evidence.
The AMA allows for Board review under three options, this case involves where the veteran sought the hearing docket which allows for new evidence at the hearing or within 90 days after the hearing. The case was appealed and a joint motion for remand was agreed to by the parties. In the JMR the parties agreed the veteran can submit additional evidence on remand.
On remand, the Board then rejected the claim and rejected medical records the veteran had submitted to the Board on remand. The Court noted the limitations of presenting new evidence but found those limits “are claims processing rules that may be waived by the Secretary” and that they were waived.
This decision is an artifact from the transition to AMA and will likely have limited impact.
Decision by Chief Judge Bartley and joined by Judges Pietsch and Greenberg.
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