The Board has decided to remand the case due to incomplete documentation and a potential error in the AOJ's decision regarding the timing of the claim. The Veteran was treated at MMMC on August 14, 2012, and VA acknowledges this treatment. However, the AOJ denied the claim because the third-party medical provider did not provide the required forms within 90 days of discharge. The Board finds that a timely claim was filed by the Veteran.
The deciding factor: The AOJ's decision regarding the timing of the claim is invalid due to the failure of a third-party to provide specific forms within 90 days of discharge, which nullified the Veteran’s timely claim for 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
- May 6, 2019
- Citation
- 19134963
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (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 19134963.
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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