The Board has remanded the case for further development and review, including obtaining additional evidence and determining if the veteran meets the criteria for reimbursement or payment of unauthorized medical expenses incurred during his hospitalization in Hastings Regional Center.
The deciding factor: The language in 38 C.F.R. § 17.38(c)(5) is not sufficiently clear to absolve VA of responsibility on the basis that the service-connected disability became so severe that the veteran had to be hospitalized pursuant to court order for his own safety and that of others.
- Claimed conditions
- schizophrenia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2008
- Citation
- 0831958
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 0831958.
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.
- Granted
The Veteran's schizophrenia is rated at 70 percent, indicating significant impairment in work and social functioning.
- Dismissed
The Board dismissed the claims for an effective date prior to August 18, 2016, for a 100 percent disability rating for schizophrenia and for spousal SMC for aid and attendance. The Veteran's claim was erroneously adjudicated by the AOJ and constitutes a free-standing earlier effective date claim.
- Remanded (sent back)
The Board has found that the Appellant's discharge from service is not a bar to VA compensation benefits, but it was an error in fulfilling VA's duty to assist not to obtain a medical opinion addressing the extent of any psychiatric symptoms during service and their effect on the Appellant's behavior. The matter is therefore remanded for further action.
- Remanded (sent back)
The Veteran's past-due benefits from the May 2024 rating decision were not fully paid to him, and the Board has ordered VA to quickly verify and pay any remaining amounts owed.
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