The Board has determined that there are three pre-decisional duty to assist errors regarding the appellant's character of discharge claim. The claims file is being remanded for obtaining outstanding VA treatment records, private mental health provider records, and service personnel records related to the NDRB upgrade from a Bad Conduct Discharge to an Other Than Honorable (OTH) discharge. A VA psychiatrist or psychologist will be asked to provide an opinion on whether the appellant was insane at the time of his misconduct.
The deciding factor: The Board found that there are three pre-decisional duty to assist errors regarding this issue, which require remanding the case for further action.
- Claimed conditions
- Psychiatric impairment
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2021
- Citation
- A21018583
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 A21018583.
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 has remanded the case due to a need for additional medical examination and review of records, as well as consideration of whether the appellant's discharge was due to insanity at the time of his misconduct.
- Remanded (sent back)
The Board has determined that new and material evidence has been received to reopen the previously denied claim for VA benefits. However, the appeal regarding whether the character of the Appellant's discharge is a bar to entitlement to VA benefits remains pending due to insufficient medical evidence on the issue of insanity at the time of misconduct.
- Remanded (sent back)
The Board has determined that the Veteran's period of service from June 18, 2011, to May 13, 2014, is not eligible for VA benefits due to an under other than honorable (OTH) discharge. However, the Board finds insufficient medical evidence to determine if the Veteran was insane at the time of misconduct leading to his OTH discharge and remands for further development.
- Remanded (sent back)
The Board has determined that there was a pre-decisional duty to assist error regarding the Appellant's character of discharge and insanity at the time of misconduct. The case is remanded for further examination and development.
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