The Board has remanded the case for further development and an examination to determine if the appellant was insane at the time of his misconduct, which could affect his eligibility for VA benefits.
The deciding factor: The examiner must provide a medical opinion on whether the appellant's behavior during the offenses that led to his discharge was due to psychiatric disability.
- Claimed conditions
- Insulting behavior towards superiors, Aggravated assault, Drinking alcohol in a disorderly manner, Verbal disrespect to non-commissioned officers
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2019
- Citation
- 19187947
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.