The Board remands the issues of entitlement to an earlier effective date for a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA), as additional evidence needs to be obtained.
The deciding factor: The presumption of regularity was rebutted, and the burden shifted to VA to prove actual mailing or receipt. The record contains no such evidence, thus the 60-day period for filing a substantive appeal was tolled until the defect was cured.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2025
- Citation
- 25006018
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.