The Board has determined that the issue of apportionment of the Veteran's VA benefits to D.W., including on behalf of E.R., C.R., and N.R., is not ripe for appellate review as all steps necessary to ensure the procedural and due process rights of the parties have not been completed. The Veteran did not appear at a scheduled DRO hearing, but provided an explanation. The Board finds that remand is necessary in order to ensure that the Veteran's outstanding DRO hearing request is fulfilled.
The deciding factor: The Veteran did not appear for a DRO hearing due to misinformed information from his representative and needs to be provided with notice of the date, time, and location of the DRO hearing at their respective address of record.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2019
- Citation
- 19183269
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.