Newman: AWOL and Insanity

Newman v. McDonough, Case Number 20-7299, decided June 16, 2022 discusses the insanity exception to the AWOL bar to VA benefits.

Veterans are barred from service connected disability compensation if they were discharged because they were AWOL for extended period.  However, an exception exists for veterans who are deemed by the VA insane a the time of the offense leading to the discharge.  This case involves the standard the Board must use when determining whether a veteran qualifies for the insanity exception.

The Court noted the shift over the years in these type cases.  Initially a veteran had to prove by a preponderance of the evidence veteran status.  However, more recent case law suggested this might not be correct.  The Court then held: “the benefit of the doubt standard governs in all cases1 where VA must determine whether a claimant possesses veteran status. This is so because to find otherwise would create different standards for different claimants.”

After establishing the proper standard, the Court noted the “VA has a very different system for characterizing discharge from DoD. Significantly, VA recognizes only two categories of discharge—dishonorable and other than dishonorable—when determining eligibility for VA benefits.”  It also noted DoD determinations of COD are not binding on the VA unless the discharge is honorable. 

In the case at hand, the Court remanded for the proper standard to be applied and a proper explanation of a grant or denial be given to the claimant.

Per Curiam decision by Judges Greenberg, Toth and Falvey.

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