The Board has determined that there was a pre-decisional duty to assist error regarding the Appellant's character of discharge and mental state at the time of misconduct. The case is remanded for further development, including obtaining medical records and conducting an examination to determine if the Appellant was insane at the time of his misconduct.
The deciding factor: The Board found that there was a pre-decisional duty to assist error regarding the Appellant's character of discharge and mental state at the time of misconduct. The case is remanded for further development, including obtaining medical records and conducting an examination to determine if the Appellant was insane at the time of his misconduct.
- Claimed conditions
- schizoaffective disorder, posttraumatic stress disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- A20016230
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.
- Dismissed
The appeal for a temporary total evaluation because of hospital treatment in excess of 21 days for service-connected posttraumatic stress disorder was withdrawn by the Veteran's representative and is therefore dismissed.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, diagnosed alternatively as schizophrenia, schizoaffective disorder, and bipolar disorder, due to an inadequate VA examiner's opinion and a failure to fulfill the duty to assist in obtaining relevant medical records.
- Granted
The Board granted an increased (Level 2) stipend in the PCAFC for the Veteran's caregiver due to the need for continuous supervision and protection based on the Veteran's medical conditions.
- Denied
The Board denied the Veteran's claims for special monthly compensation based on aid and attendance or housebound status due to her service-connected disabilities not meeting the criteria.
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