The Board remands the claim for a pre-decisional error based on an incorrect interpretation of 'need for supervision, protection, or instruction' as defined under 38 C.F.R. § 71.15.
The deciding factor: The September 2021 denial and CEAT determination was based on an incorrect interpretation of a 'need for supervision, protection, or instruction' that is now invalid due to a Federal Circuit decision.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062935
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.