The Board has determined that the Appellant's discharge from service was under other than honorable conditions due to willful and persistent misconduct. The appeal is remanded for further development, including obtaining medical records related to a car accident during service and psychiatric treatment records.
The deciding factor: The decision is based on the need for additional evidence regarding the Appellant's mental state at the time of his discharge from service.
- Claimed conditions
- Concussion, TBI (Traumatic Brain Injury), Psychological effects
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2023
- Citation
- 23026067
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 23026067.
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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- Remanded (sent back)
The Veteran and the attorney have a competing interest in the monetary amount of past-due benefits awarded by the August 2022 rating decision, including CRDP fee portion established by the December 2022 administrative decision. The appeal is remanded for referral to VA's Office of General Council to complete the necessary reasonableness review.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for VR&E benefits, as there was a pre-decisional duty to assist error. The AOJ will consider additional evidence and re-evaluate the Veteran's employment handicap.
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