The Board has remanded the issues of service connection and whether new and material evidence was obtained to reopen claims for various conditions. The Veteran's character of discharge is also being remanded.
The deciding factor: The decision involves reopening previously denied claims due to new evidence suggesting a mental health condition at the time of discharge, which could potentially affect the determination of insanity under VA regulations.
- Claimed conditions
- left shoulder disorder, right shoulder disorder, drug and alcohol abuse, right hip arthritis with avascular necrosis, low back disorder, left knee disorder, acquired psychiatric disorder (paranoid personality disorder)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103379
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.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claim for service connection for a low back disorder to obtain additional medical evidence and ensure that the Veteran is afforded every possible consideration.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.