The Veteran's request for waiver of overpayment of non-service connected pension benefits was deemed timely filed, and the appeal is being remanded to adjudicate the merits of the claim.
The deciding factor: The Board determined that the Veteran did not receive proper notice of the time limits to file his application due to incarceration and lack of attempts to locate him at known addresses.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2019
- Citation
- 19150064
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.