The Board has remanded the case due to new evidence and procedural issues, including a recent Federal Circuit Court decision invalidating certain regulations. The RO must now consider whether the appellant's character of discharge constitutes a bar to VA benefits based on all available evidence.
The deciding factor: The appeal is being remanded because of procedural errors and new legal authority that requires consideration of additional evidence without remand to the agency of original jurisdiction.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2003
- Citation
- 0309122
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0309122.
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.