The Board has decided to remand the case due to errors in VA's duty to assist and issues related to the Appellant's character of discharge. The AOJ must obtain relevant service treatment records, personnel files, and medical opinions regarding the Appellant's mental health at the time of misconduct.
The deciding factor: The Board found that VA failed to fulfill its duty to assist in developing the claim and that the issue of insanity was raised prior to the issuance of the decision on appeal.
- Claimed conditions
- Insanity due to disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2023
- Citation
- A23035917
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 A23035917.
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 decided to remand the case due to incomplete service personnel records and an inadequate opinion regarding the Appellant's insanity at the time of discharge. The case will be returned for further development.
- Remanded (sent back)
The Board has remanded the case for further development and opinion regarding the Appellant's character of discharge and whether he was insane at the time of misconduct leading to his discharge.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
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