The appeal is remanded to ensure the Veteran and his dependents receive proper notice of the basis for denial and are given an opportunity to provide additional evidence.
The deciding factor: The AOJ failed to provide adequate notice as required by 38 U.S.C. § 5104, including a summary of the applicable laws and regulations, findings favorable to the claimant, and identification of elements not satisfied leading to the denial.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000897
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.