The Board remands the case to again attempt to obtain in-service mental health treatment records and an adequate VA opinion which complies with the previous remand instructions.
The deciding factor: Remand is necessary due to insufficient evidence regarding the appellant's capacity to understand the consequences of his actions during service, specifically addressing whether he could discern right from wrong at the time of misconduct leading to discharge.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001334
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
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.