Remanded (sent back)
The Board remands the matter for a correction of an error by the AOJ in satisfying a regulatory duty, specifically to provide notice of the right to a hearing on a supplemental claim.
The deciding factor: The AOJ did not include a notice of the right to a hearing on a supplemental claim accompanying the February 2024 rating decision which denied an earlier effective date for the award of SMC, leading to a pre-decisional duty to assist error.
- 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 3, 2025
- Citation
- A25085820
Want to see how appeals like this one tend to go? Appeals like mine
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