The Board has remanded the case due to issues with the notice and process provided by VA regarding the withholding of retroactive DIC benefits based on receipt of DOD SBP benefits. The Appellant is seeking concurrent payment of both DIC from VA and payments from SBP.
The deciding factor: VA failed to provide appropriate due process protections before withholding retroactive DIC benefits, as required by law and regulations.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20003522
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.