The Board of Veterans' Appeals has remanded the case for further development due to a need for a VA opinion regarding whether the appellant was insane at the time of his offense, and for consideration of new evidence submitted by the appellant.
The deciding factor: The Joint Motion observed that the evidence of record included a 'buddy statement' indicating combat service, service personnel records showing participation in campaigns, and an April 2006 opinion from the Veteran's VA psychiatrist concluding the appellant had engaged in combat in Vietnam. The Court instructed the Board to consider these factors.
- Claimed conditions
- AWOL
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2010
- Citation
- 1010779
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 1010779.
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.
- Remanded (sent back)
The Board has remanded the case for further development, including consideration of whether the appellant experienced compelling circumstances to warrant his prolonged unauthorized absence. The appeal is now pending again with the Agency of Original Jurisdiction (AOJ).
- Denied
The Board has determined that the appellant's discharge from service was dishonorable due to willful and persistent misconduct, including AWOL, larceny, forgery, and general article offenses. As a result, his discharge constitutes a bar to VA benefits.
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