context: Accordingly, because the Board erred by failing to provide Mrs. Reliford with the opportunity to waive substitution and prejudiced her by failing to adjudicate her accrued-benefits claim against the proper factual background, the Board decision on appeal will be set aside and remanded for adjudication of Mrs. Reliford's claim based on the file as it existed at the time of her husband's death.
citation_a.signal: see also
citation_a.identifier: 4 Vet.App. 384, 394
citation_a.parenthetical: holding the Board must either obtain a waiver or determine whether a claimant will be prejudiced by the Board's adjudication of a question or issue in an appeal not otherwise decided by the RO, otherwise it must remand for the RO to decide' the question in the first instance
citation_a.sentence: See Tucker v. West, 11 Vet.App. 369, 374 (1998) (holding that remand is the appropriate remedy where, inter alia, “the Board has incorrectly applied the law”); see also Bernard v. Brown, 4 Vet.App. 384, 394 (1993) (holding the Board must either obtain a waiver or determine whether a claimant will be prejudiced by the Board’s adjudication of a question or issue in an appeal not otherwise decided by the RO, otherwise it must remand for the RO to decide' the question in the first instance); cf. Beverly v. Nicholson, 19 Vet.App. 394, 405-06 (2005) (holding that the “existence of our jurisdiction turns on whether the claim was reasonably raised to the Board” and remanding for determination of whether the claim was reasonably raised, when there was an evi-dentiary factual basis therefor).
citation_b.signal: see
citation_b.identifier: 11 Vet.App. 369, 374
citation_b.parenthetical: holding that remand is the appropriate remedy where, inter alia, "the Board has incorrectly applied the law"
citation_b.sentence: See Tucker v. West, 11 Vet.App. 369, 374 (1998) (holding that remand is the appropriate remedy where, inter alia, “the Board has incorrectly applied the law”); see also Bernard v. Brown, 4 Vet.App. 384, 394 (1993) (holding the Board must either obtain a waiver or determine whether a claimant will be prejudiced by the Board’s adjudication of a question or issue in an appeal not otherwise decided by the RO, otherwise it must remand for the RO to decide' the question in the first instance); cf. Beverly v. Nicholson, 19 Vet.App. 394, 405-06 (2005) (holding that the “existence of our jurisdiction turns on whether the claim was reasonably raised to the Board” and remanding for determination of whether the claim was reasonably raised, when there was an evi-dentiary factual basis therefor).