The Board has remanded the case due to errors in processing Survivors Pension, Dependency and Indemnity Compensation (DIC), and Accrued Benefits claims. The Appellant's representative submitted a mistakenly omitted section of her VA Form 21-534 Application for Dependency and Indemnity Compensation or Death Pension by a Surviving Spouse or Child, which contained her medical expense reports. However, the residential care facility was not provided with the necessary forms to complete them due to the COVID-19 epidemic.
The deciding factor: The Appellant's representative failed to provide the necessary assistance in obtaining completed and signed VA Form 21-8416 from the residential treatment facility for her medical expense reports, which is required under 38 C.F.R. § 3.159.
- 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 28, 2020
- Citation
- A20016172
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.