The Board has remanded the case due to a failure to obtain relevant VA treatment records from February 2009 until the Veteran's death in September 2009. The appellant and the AOJ are required to identify and obtain these records.
The deciding factor: The Court found that the Board did not obtain or associate VA treatment records dated from February 2009 until the Veteran’s death in September 2009, which were relevant for determining eligibility as a surviving spouse.
- 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 24, 2019
- Citation
- 19180819
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.