The Board has remanded the case due to errors in burden of proof and the need for additional evidence, including a court-martial transcript and medical records. The examiner will assess whether the servicemember was insane at the time of AWOL status.
The deciding factor: The Court found that the Board improperly shifted the burden of proof to the claimant regarding eligibility for VA benefits despite an OTH discharge.
- Claimed conditions
- AWOL status, insanity at service separation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 5, 2023
- Citation
- 23000621
Veterans Law Judge
Decisions by this judge: 1,886 · Granted: 24% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 23000621.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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