The Board has reopened the issue of whether the appellant's character of discharge constitutes a bar to VA compensation benefits due to new and material evidence. The appeal is remanded for further review, including obtaining relevant SSA records and BCNR/NDRB records.
The deciding factor: New and material evidence was received that relates to an unestablished fact necessary to substantiate the claim (the appellant's mental health conditions during service).
- Claimed conditions
- mental health conditions, TBI
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2024
- Citation
- 24013267
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 24013267.
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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The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded because the decision was based on incomplete medical evidence and did not consider all available records.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the etiology of memory and concentration problems, which were not adequately addressed in the March 2021 VA examination. The Veteran's service-connected headaches may be related to an in-service head injury, and post-service records document reported memory issues.
- Denied
The Veteran's claim for SMC based on aid and attendance is denied as the effective date cannot be prior to November 9, 2017.
- Denied
The Board has denied service connection for TBI, back strain, chest pain, foot pain, and tendonitis as there is no evidence of disease or injury incurred during active duty or training.
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