The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to VA benefits based upon the character of the appellant’s military service. The case is being remanded for a VA examination to determine if the appellant was insane at the time he committed his offense.
The deciding factor: The appellant's behavior during his second AWOL period may have been influenced by psychiatric disability, and further evaluation is needed to determine if he was insane at that time.
- Claimed conditions
- Passive Aggressive Personality Disorder, Dysthymic Disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2018
- Citation
- 18155754
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 18155754.
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 found a pre-decisional duty to assist error and remands the case for a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorder(s).
- Granted
The Veteran's acquired psychiatric disorders, including PTSD, generalized anxiety disorder, and dysthymic disorder, are granted as at least as likely as not related to in-service military sexual trauma (MSTs). The claim for a sleep disorder is remanded due to duty-to-assist errors.
- Granted
The Veteran's claim for an increased rating of 50 percent for generalized anxiety disorder from March 1, 2023 was granted. The effective date remains pending as the earlier effective date request is separate and distinct.
- Granted
The Board granted service connection for an acquired psychiatric disorder, diagnosed as major depressive disorder (MDD), dysthymic disorder, adjustment disorder with anxiety, general anxiety disorder, and panic disorder, effective December 12, 2024.
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