The Board remands the case to determine whether the Appellant, a family member of the Veteran, would be a suitable fiduciary.
The deciding factor: There was a pre-decisional duty to assist error when the AOJ failed to undertake and document necessary development to determine if the Appellant was a suitable fiduciary prior to appointing a fee-based third-party fiduciary.
- 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 22, 2024
- Citation
- A24067918
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.