The Board remands the matter to issue proper notice of the decision on whether the appellant can be recognized as the Veteran's surviving spouse for purposes of receiving VA death benefits.
The deciding factor: The AOJ did not provide proper notice as required under 38 U.S.C. § 5104, and correction of this error would have a reasonable possibility of aiding in substantiating the 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
- October 15, 2024
- Citation
- A24065751
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.