(a) Remand. Unless the issue or issues can be granted in full, the Board shall remand the appeal to the agency of original jurisdiction for correction of an error on the part of the agency of original jurisdiction to satisfy its duties under 38 U.S.C. 5103A, if the error occurred prior to the date of the agency of original jurisdiction decision on appeal. The Board may remand for correction of any other error by the agency of original jurisdiction in satisfying a regulatory or statutory duty, if correction of the error would have a reasonable possibility of aiding in substantiating the appellant's claim. The remand must specify the action to be taken by the agency of original jurisdiction.
(b) Advisory Medical Opinion. If the Board determines that an error as described in paragraph (a) of this section may only be corrected by obtaining an advisory medical opinion from a medical expert who is not an employee of the Department of Veterans Affairs, the Board shall remand the case to the agency of original jurisdiction to obtain such an opinion, specifying the questions to be posed to the independent medical expert providing the advisory medical opinion.
(c) Action by agency of original jurisdiction after receipt of remand. After correction of any error identified in the Board's remand, the agency of original jurisdiction must readjudicate the claim and provide notice of the decision under 38 U.S.C. 5104, to include notice under 38 U.S.C. 5104C of a claimant's options for further review of the agency of original jurisdiction's decision. The agency of original jurisdiction must provide for the expeditious treatment of any claim that is remanded by the Board.
(Authority: 38 U.S.C. 5103A, 5109, 5109B, 7102, 7104(a), 7105)
[84 FR 188, Jan. 18, 2019]
Notes of Decisions
Cited in
125
cases (
64 in the last 5 years), 2019–2026 · leading case:
200406-76142 (Board of Vet. App. 2021).
200406-76142 (Board of Vet. App. 2021).
· cites it 4× “See 38 C.F.R. § 20.802 (a). 3. Entitlement to service connection for bilateral plantar fasciitis is remanded.”
200518-85080 (Board of Vet. App. 2021).
· cites it 4× “38 C.F.R. § 20.802 (a). A claimant is presumed to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service, or where clear and unmistakable evidence demonstrates that an injury…”
Franklin A. Green v. Denis McDonough (Vet. App. 2024).
· cites it 4× “He asserts that the Board too narrowly interpreted its authority to remand claims under 38 C.F.R. § 20.802 (a). Id. at 18 . The Secretary responds that the Board's denial was a matter of law "and relied on no evidentiary findings, to include whether Appellant was entitled to…”
210105-127748 (Board of Vet. App. 2021).
· cites it 3× “See 38 C.F.R. § 20.802 . A review of the record shows that the Veteran has been diagnosed as having dermatomyositis and Sjogren’s syndrome.”
200415-82283 (Board of Vet. App. 2021).
· cites it 3× “38 C.F.R. § 20.802 (a). 1. Entitlement to service connection for lumbosacral strain with degenerative disc disease is remanded.”
200323-187505 (Board of Vet. App. 2021).
· cites it 3× “§ 5103A(f)(2)(A); 38 C.F.R. § 20.802 (a). The Board may also remand a claim to correct any other AOJ error "in satisfying a regulatory or statutory duty, if correction of the error would have a reasonable possibility of aiding in substantiating" the claim.”
Alan Keith Gladish & Joseph W. Burwell v. Douglas A. Collins (Vet. App. 2025).
· cites it 3× “According to the Secretary, " 38 C.F.R. § 20.802 (a) [only] provides for remand to correct a pre-decisional duty to assist error if correction of the error would have a reasonable possibility of substantiating the claim.”
200228-69407 (Board of Vet. App. 2020).
· cites it 2× “§ 5103A(g); 38 C.F.R. § 20.802 (a). When the Board identifies the error, then unless the highest level of the benefit sought can be awarded, the Board must return the appeal to the Agency of Original Jurisdiction with instructions to correct the error.”
190830-27856 (Board of Vet. App. 2020).
· cites it 2× “See 38 C.F.R. § 20.802 . 2. Service connection for bilateral hearing loss is remanded.”
200130-59119 (Board of Vet. App. 2020).
· cites it 2× “§ 5103A(f)(2)(A); 38 C.F.R. § 20.802 (a). Sleep Apnea In a statement, dated March 31, 2017, the Veteran reported using a breathing assistance device to alleviate symptoms of sleep apnea, which he has experienced since service.”
191007-36552 (Board of Vet. App. 2020).
· cites it 2× “38 C.F.R. § 20.802 (2019). 2. Entitlement to service connection for high blood pressure, also claimed as hypertension and heart condition due to Agent Orange.”
200612-91302 (Board of Vet. App. 2020).
· cites it 2× “38 C.F.R. § 20.802 (a). The DRO mentioned above agreed to have the Veteran’s claims file reviewed and medical opinions obtained.”
— 38 C.F.R. § 20.802(a) — 2 cases
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