The Board previously denied the appellant's claim that his character of discharge was a bar to VA benefits. The U.S. Court of Appeals for Veterans Claims has remanded the case, requiring further development regarding the appellant's service treatment records and a medical opinion on whether he was insane during military service.
The deciding factor: The court found insufficient evidence in the record regarding the appellant's mental state at the time of his military service.
- Claimed conditions
- Undesirable Discharge
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2013
- Citation
- 1302868
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 1302868.
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 Board has determined that new and material evidence has been received to reopen the appellant's claim regarding his character of discharge. The Board also found that the appellant was insane at the time he committed the offenses resulting in his undesirable discharge, thus removing any bar to VA benefits.
- Denied
The Board found that the appellant's discharge from service was under other than honorable conditions due to willful and persistent misconduct, which bars VA benefits except for health care.
- Remanded (sent back)
The Board has determined that the appellant's character of service is a bar to VA benefits due to his conviction by general court-martial, but not because of his discharge. The case is remanded for further review and consideration.
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