The Board has remanded the case due to a failure to provide the appellant with a DRO hearing as requested, and she was not provided an opportunity for a Board hearing after her request for a DRO hearing. The case is now scheduled for a DRO hearing at the San Juan RO.
The deciding factor: Due process violation occurred when the appellant was not provided the DRO hearing she requested in October 2016, and the failure to offer the appellant a DRO hearing constitutes a due process violation that must be remedied on remand.
- Claimed conditions
- Cause of death
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 6, 2021
- Citation
- 21040740
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 21040740.
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.
- Denied
The Board denied an earlier effective date for service connection for the cause of death due to lack of receipt within one year of the Veteran's death.
- Remanded (sent back)
The Board has decided to remand the case due to a failure to consider new evidence regarding toxic exposure at Aberdeen Proving Grounds, and to issue another TERA memo.
- Remanded (sent back)
The Board has decided that the Veteran's cause of death is not service-connected, and now requires further review to ensure proper notification regarding a hearing.
- Dismissed
The claim for Dependency and Indemnity Compensation (DIC) has been dismissed as moot due to the grant of service connection for the cause of the Veteran's death.
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