The Board has remanded the case for consideration of an apportionment request, a waiver of recovery overpayment, and to perform an audit. The issues are related to whether the Veteran's disability compensation benefits were properly created due to incarceration.
The deciding factor: The decision is being remanded because there was confusion regarding the date of the reduction in benefits due to incarceration and no Apportionment Decision or audit has been performed as requested.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2019
- Citation
- 19102278
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19102278.
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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