The case must be remanded to clarify whether the appellant wishes to pursue claims for accrued benefits or as a substitute claimant, and to ensure due process rights are fulfilled.
The deciding factor: Clarity on the appellant's choice between pursuing claims for accrued benefits or substitution is required due to unclear options chosen by the appellant.
- 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 11, 2023
- Citation
- 23001904
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.