The Board has reopened the claims for recognition of A., B., and L.T., Jr. as the helpless children of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 due to new evidence submitted by the Veteran's representative, but the claims are still pending as they have been remanded for further development.
The deciding factor: New and material evidence was received that indicated the children had Individualized Education Plans (IEPs), raising a reasonable possibility of substantiating the claims.
- Claimed conditions
- Permanent incapacity for self-support
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2019
- Citation
- 19194946
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 19194946.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's son, D., is a disabled dependent of the Veteran. The Board finds there was a pre-decisional error in VA's duty to assist and requires remand for additional development including obtaining SSA disability benefits records and Dr. R.G.'s treatment records.
- Remanded (sent back)
The Veteran's representative requested to revoke their Power of Attorney, but the motion was not granted due to lack of good cause. The Board found a pre-decisional error in VA's duty to assist and ordered remand for obtaining SSA disability benefits records and treatment records from Reliable Pediatrics.
- Remanded (sent back)
The Board has decided to remand the case due to non-compliance with prior remand directives regarding obtaining records from Social Security Administration (SSA) for M.E.R. and providing an addendum opinion.
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