The veteran's claim is being remanded to address whether there was clear and unmistakable error in the July 1986 administrative determination that his October 1985 injury was due to his own willful misconduct, as well as whether new and material evidence has been received to reopen a 1986 administrative determination of misconduct.
The deciding factor: The Board is remanding the case for proper adjudication regarding CUE in the July 1986 administrative decision and whether new and material evidence has been submitted to reopen that administrative determination of misconduct.
- Claimed conditions
- Willful misconduct resulting in injury
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2004
- Citation
- 0400959
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0400959.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
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