The Board has decided to remand the case due to a lack of notice regarding the applicable laws and regulations that VA believes are applicable for offsetting DIC benefits because payment of such benefits could result in an overpayment of SBP benefits by DOD.
The deciding factor: VA did not provide notice of the governing authority under which it has the authority to act and recoup an asserted overpayment of benefits created through DOD.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179113
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.