The Board has found that the August 1944 rating decision was clearly and unmistakably erroneous in denying service connection for a psychiatric disorder. The case is now remanded to consider what rating should be assigned for an adult maladjustment disorder from August 1, 1944.
The deciding factor: The evidence showed that the veteran had acquired psychiatric pathology during active duty, which was not considered in the August 1944 rating decision.
- Claimed conditions
- psychiatric disorder, adult maladjustment disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2008
- Citation
- 0822540
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 0822540.
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.
- Granted
The Board has granted the Veteran's claims for increased evaluations and SMC based on housebound status and aid and attendance, with the initial decisions being in February and June 2023. The appellant is eligible to attorney fees based on past-due benefits awarded in September 2024.
- Dismissed
The Board dismissed the appeal for service connection of psychiatric disorder. Service connection was granted for heart condition, throat condition, and hypertension due to herbicide exposure in Japan. Diabetes condition is denied as there is no evidence of treatment or diagnosis.
- Dismissed
The Veteran's service-connected disabilities were considered permanent and total in nature as of August 6, 2020, which is the earliest date on which she can establish basic eligibility for DEA under 38 U.S.C. Chapter 35.
- Granted
The Veteran's tinnitus is granted service connection, while his bilateral hearing loss and hypertensive vascular disease/hypertension are denied. The psychiatric disorder claim is remanded for further review.
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