The Board has determined that new evidence was not received to reconsider the claim, but has found a duty-to-assist error in failing to obtain an opinion regarding whether the appellant was insane at the time of his misconduct. The appeal is remanded for further action.
The deciding factor: The Board found a duty-to-assist error in failing to obtain an opinion regarding whether the appellant was insane at the time of his misconduct, which could potentially lift any bar to VA benefits.
- Claimed conditions
- Suicidal ideation, Homicidal ideation
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2022
- Citation
- A22026166
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 A22026166.
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.
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- Denied
The Board denied the Veteran's request for an earlier effective date of November 29, 2023, for the award of Total Disability based on Individual Unemployability (TDIU), finding that it was factually ascertainable that the Veteran became unable to secure or maintain substantially gainful employment as of January 16, 2021. The effective date is set at November 29, 2023.
- Remanded (sent back)
The Veteran's application for PCAFC was denied due to not meeting the eligibility criteria. The Board has decided to remand the case for a new medical opinion considering his functional abilities and need for caregiver assistance.
- Granted
The Board granted a Level 2 stipend under the PCAFC due to the Veteran's need for continuous supervision and instruction, as he suffers from hallucinations, anxiety, depression, suicidal ideation, and psychosis.
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