BVA Case 21-2636: Psychiatric

Stanton ,appeals a March 31, 2021, Board of Veterans'Appeals (Board)decision in which the Board concluded that the character of the appellant's discharge from service is a bar to the receipt of VA compensation benefits.

at 495-96;and in March 1972 the Air Force Discharge Review Board denied that application,R.

In a January 2019 decision,the Board concluded that the appellant's character of discharge is a bar to the receipt of VA benefits.

It was more than likely that applicant's intellectual ability was a nexus to his misconduct of AWOL that led to his discharge.

In the March 2021 decision on appeal,the Board concluded that the character of the appellant's discharge from service is a bar to the receipt of VA compensation benefits,based on findings that (a)the character of the appellant's discharge from service was under dishonorable conditions as a result of willful and persistent misconduct,and (b)the appellant was not insane as a result of a disease,as defined by VA regulation,at the time of the misconduct that resulted in his undesirable discharge.

The appellant argues that the Board erred by not addressing these purported errors committed by the DoD and the Air Force,and that the Board should have acknowledged that the DoD and the Air Force concealed his back disability.

The Secretary responds that to the extent the appellant contends that the Board erred because it did not change his discharge status or remedy alleged wrongs by the Air Force,this is outside of the scope of the Board's authority, and that the Court does not have jurisdiction to revise the character of discharge issued by the service department.

94,104 (2010) (holding a Board finding of fact clearly erroneous under Padgett , 19 Vet.