The appeal is remanded to the RO for adjudication of the validity of the overpayment before determining whether a waiver is appropriate.
The deciding factor: The case must be remanded because the validity of the overpayment is a prerequisite to determining whether a waiver is appropriate, and this matter has not been addressed by the RO.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2009
- Citation
- 0910182
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.