The Board has decided to remand the case due to insufficient evidence regarding the Appellant's mental state at the time of misconduct and whether his psychiatric conditions contributed to his discharge. The AOJ is required to obtain updated treatment records, request a decision from the Navy Board of Correction of Naval Records, and conduct an examination by a VA clinician to determine if the Appellant was insane at that time.
The deciding factor: The Board found insufficient evidence regarding the Appellant's mental state at the time of misconduct and whether his psychiatric conditions contributed to his discharge. Therefore, further development is needed to address these issues.
- Claimed conditions
- borderline personality disorder, mixed personality disorder (immature passive-aggressive with histrionic dyssocial behavior), situational adjustment disorder with sociopathic features, depression or excessive worry, bipolar disorder with psychotic features
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2020
- Citation
- 20064566
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.
- Granted
The Board granted service connection for an acquired psychiatric condition, including PTSD, borderline personality disorder, and alcohol use disorder, resolving reasonable doubt in the Veteran's favor.
- Granted
The Veteran's bipolar disorder with psychotic features and polysubstance abuse disorder was granted a 100 percent disability rating as of January 23, 2020, and eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was also granted.
- Denied
The Board denied the Veteran's claim for an effective date prior to June 7, 2012, for the grant of service connection for bipolar disorder with psychotic features and anxious distress.
- Partly granted
The veteran's claim for service connection for borderline personality disorder was denied. The claim for an acquired psychiatric disorder other than insomnia or a personality disorder, to include psychosis and depression, is being sent back for further review.
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