The appeal is remanded due to the Veteran's representative not being provided a copy of the August 2019 statement of the case and given an opportunity to respond. The AOJ should address the December 17, 2018, VA record indicating that transfer to a VA facility for further care was recommended, the Veteran was agreeable to such transfer, but no beds were currently available for transfer.
The deciding factor: The AOJ failed to provide the Veteran's representative with a copy of the August 2019 statement of the case and an opportunity to respond on his behalf.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2019
- Citation
- 19195504
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 19195504.
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.