The Board has decided to remand the case due to insufficient evidence regarding the Appellant's participation in Exercise Intrinsic Action in 1997 and his psychiatric condition during service. The AOJ will gather additional records, including from private psychiatrists and military personnel, and determine if the Appellant was insane at the time of misconduct.
The deciding factor: The Board found insufficient evidence regarding the Appellant's participation in Exercise Intrinsic Action in 1997 and his psychiatric condition during service to make a determination on insanity.
- Claimed conditions
- PTSD, generalized anxiety disorder, panic disorder with agoraphobia, major depressive disorder without psychotic features but with passive suicidal ideation, unspecified mood disorder, attention-deficit hyperactivity disorder, neurocognitive disorder, adjustment disorder with mixed mood
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2020
- Citation
- 20064336
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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Denied
The Board denied service connection for an acquired psychiatric disorder, including PTSD, as the Veteran did not have a diagnosis of PTSD or any other psychiatric disorder during the appeal period.
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