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.
The deciding factor: The Board concluded that the appellant was insane at the time of committing the offenses leading to his undesirable discharge, which is a necessary finding under 38 C.F.R. § 3.12(b) for removing a bar to VA benefits.
- Claimed conditions
- Undesirable Discharge, AWOL (Absent Without Leave), Marijuana Possession
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 7, 2017
- Citation
- 1726074
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 1726074.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 due to incomplete service medical records and additional evidentiary development is needed. The appellant's mental state during service will be evaluated by a VA examiner.
- Granted
The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to receiving VA benefits. The claim is granted.
- Denied
The Board has reopened the claim regarding whether new and material evidence supports a finding that the Appellant's discharge from service under conditions other than honorable is not a bar to VA benefits. The claim remains denied as his character of discharge is considered dishonorable.
- Denied
The Board found that the Veteran's period of service from April 1981 to December 1983 was under other than honorable conditions due to willful and persistent misconduct, including drug abuse, AWOL, disrespecting an officer, and auto theft. As a result, his character of discharge is considered dishonorable, barring him from VA benefits except for health care.
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