The Board has determined that a remand is necessary to determine if the appellant was insane at the time of his misconduct in service, which caused him to be discharged under other than honorable conditions. The VA will obtain any outstanding treatment records and provide an opinion on this matter.
The deciding factor: The Board found that a medical opinion is needed regarding whether the appellant was insane at the time he committed misconduct in service.
- Claimed conditions
- Sexual assault in service
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19103861
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.