The Board has decided to remand the case due to the need for further development and medical opinion regarding the appellant's mental state at the time of his misconduct leading to his discharge under other than honorable conditions. The appeal is not about service connection, but rather whether his character of discharge constitutes a bar for VA benefits.
The deciding factor: The Board found that there was insufficient evidence to determine if the appellant was insane at the time of his misconduct and thus remanded the case for further development and medical opinion.
- Claimed conditions
- Schizoaffective Disorder, Stimulant Use Disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2020
- Citation
- 20052993
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20052993.
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 PTSD and Schizoaffective Disorder as there is no current diagnosis of PTSD, the appellant did not become disabled due to schizoaffective disorder in the line of duty during a period of active duty for training or inactive duty for training, and the evidence does not support an in-service injury or disease that could be directly related to the later diagnosed conditions.
- Granted
The Board has restored the Veteran's disability rating for PTSD from 70% to 50%, effective December 1, 2019, finding that any improvement in his condition did not reflect an actual improvement in his ability to function.
- Denied
The Veteran's claims for earlier effective date, increased rating for PTSD, and TDIU have been denied. The Board found that an earlier effective date is not warranted due to the lack of evidence showing entitlement to a temporary total disability rating prior to October 29, 2020. For the entire period on appeal, the Veteran's service-connected disabilities precluded him from securing or following a substantially gainful occupation.
- Remanded (sent back)
The Veteran's claim for an increased rating of PTSD with alcohol use disorder and stimulant use disorder is being remanded due to a failure to obtain VA treatment records from Dr. Robbin R. Melo prior to August 2024.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.