The Board remands the matter to correct errors in fulfilling the duty to assist and satisfy regulatory duties, specifically regarding notification of overpayment calculation and assistance in obtaining evidence of mitigating circumstances.
The deciding factor: The AOJ failed to properly notify the Veteran on how the overpayment was calculated and did not consider whether 38 C.F.R. § 21.9635(b) provisions apply, which could have reasonably aided in substantiating her 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
- April 4, 2025
- Citation
- A25031446
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.