The Board has granted the reopening of the claim as to whether the appellant's character of discharge is a bar to payment of VA benefits, and remanded for further development including obtaining medical opinions regarding the appellant's mental state at the time of his discharge.
The deciding factor: The new evidence submitted by the appellant raises a reasonable possibility of establishing that he was insane at the time of committing offenses leading to his discharge under other than honorable conditions.
- Claimed conditions
- Psychosis, Insanity
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130479
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 remands the claim for service connection for an acquired psychiatric disorder, including PTSD, to obtain a more comprehensive medical opinion.
- Granted
The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, but also found evidence of insanity at the time of his behavior. Therefore, the character of his discharge does not constitute a bar to VA benefits.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of any diagnosed acquired psychiatric disorder(s) and/or psychoses, other than PTSD. The Veteran must be provided with a new VA examination to determine if his current conditions are related to service or alcohol abuse.
- Remanded (sent back)
The Board has decided to remand the case due to the need for further development regarding the Veteran's insanity during service and his character of discharge.
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