Seriously, a legacy participant in the CPAFC caregiver program is a veteran who was admitted into the caregiver program on or before October 1, 2020. Anyone admitted after October 1, 2020 is not considered legacy.
The appeal process is much different for the legacy participant than it is for, say, the Vietnam era veteran. In either case, a NOD is not part of the caregiver appeal process. These cases are Veterans Healthcare Administration,VHA, cases until they make it to the BVA and then they are handed off to the Veterans Benefits Administration, VBA, for adjudication, whereupon a BVA decision, they are returned back to the VBA, not the RO, for implmentation of the BVA decision.
I will say one more time, if a veteran was denied by the VBA for caregiver benefits, there was no statement of the case (SOC) issued, because the VBA was not required to furnish a SOC. If the veteran asked why he was denied, the answer seemed to be a secret. For that reason, all of the caregiver appeals are being remanded by the BVA, and the remand order is for the VBA to furnish a SOC so the Board can analize the decision in order to determine the VBA had made the correct decision.
My case remains the only case to not be remanded, but instead, to be granted by the Board, as of Jan 1, 2023. The reason that my case was granted at the Board was because it was cut and dried, was in compliance with all of the rules, met the qualifications, and therefore it needed no remand for a SOC.