The Veteran's Department of Veterans Affairs (VA) nonservice-connected pension benefits need to be apportioned on behalf of the appellant. The appeal is remanded due to failure to fulfill specialized contested claim procedures.
The deciding factor: The AOJ failed to provide proper notice and procedural steps as required by law for a contested claim involving an apportionment of VA pension benefits.
- 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 22, 2019
- Citation
- 19104837
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.