The Board has ordered the case to be remanded for additional development, including sending proper notice regarding new and material evidence requirements and addressing whether new and material evidence has been received to reopen the appellant's previously denied claim.
The deciding factor: The decision is based on the need to properly notify the appellant of what constitutes 'new and material' evidence in order to reopen his previously denied claim for helpless child status.
- Claimed conditions
- helpless child status
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 26, 2008
- Citation
- 0828924
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0828924.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board vacated the August 2019 decision denying DIC benefits as a helpless child of the Veteran due to improper listing and mailing of the appellant. The termination of DIC benefits effective February 1, 2017, was found proper because the appellant's marriage barred him from being recognized as a helpless child.
- Denied
The Board denied the appellant's claim for an earlier effective date for survivor's pension as a helpless child due to lack of timely submission of an informal claim, and the denial was final.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of proper notification and evidence regarding the appellant's helplessness status. The VA needs to provide clearer instructions on what evidence is required, obtain medical records from private providers, and verify the appellant’s educational history.
- Dismissed
The Court vacated the September 2014 Board decision denying DIC benefits based on helpless child status and remanded the matter. The motion alleging CUE in this decision is dismissed as moot.
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