The Board has determined that there is a pre-decisional duty to assist error and remands the case for the AOJ to reconstruct the Veteran's VHA claims file, including any outstanding records such as VA treatment records, private medical bills, AOJ decision(s), claim(s) for reimbursement, and statements from the Veteran.
The deciding factor: The Board found that the AOJ did not have all relevant evidence in its possession, particularly the initial claim to VHA, denial letter, and other VHA file evidence, which is necessary to determine entitlement to payment or reimbursement of non-VA medical expenses incurred on October 17, 2018.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2023
- Citation
- A23033160
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 A23033160.
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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