The Board has determined that new and material evidence had not been presented to reopen the veteran's claim as to whether injuries sustained on May 13, 1978 were the result of his own willful misconduct. The Court found that the Board had erred in adjudicating the reopening question without discussing due process concerns set out in Bernard v. Brown.
The deciding factor: The Board's determination was based on the incorrect application of the new and material evidence standard, which is now governed by a different regulation effective since August 29, 2001.
- Claimed conditions
- Willful Misconduct
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2006
- Citation
- 0627124
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 0627124.
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.