The Board has remanded the case due to a procedural defect in the 'legacy' appeals system, specifically regarding the timeliness and adequacy of the Notice of Disagreement filed by the appellant's attorney in response to the February 2018 decision about an overpayment. The AOJ must issue a Statement of the Case on this matter.
The deciding factor: The Board found that the April 2019 administrative decision regarding the timeliness and adequacy of the March 2019 NOD was not eligible for consideration under the AMA review system because it was issued in response to the private attorney filing of an NOD instead of a claim.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2023
- Citation
- 23051655
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 23051655.
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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