The appeal is remanded for additional development, including a new VA examination to assess the current severity of the Veteran's service-connected dysthymia.
The deciding factor: The Board determined that an increase in symptomatology may have occurred since the last VA examination and that the Veteran's more recent treatment records should be obtained. The case was remanded for these actions.
- Claimed conditions
- dysthymia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2009
- Citation
- 0906388
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 granted service connection for acquired psychiatric disability, including PTSD, dysthymia, and anxious distress based on the Veteran's in-service combat-related stressors.
- Partly granted
The Board granted the restoration of a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits, effective March 1, 2021. The increased rating for dysthymia was denied.
- Partly granted
The veteran was granted a 50% rating for dysthymia from August 20, 2007, to January 2, 2013, and a 100% rating for major depressive disorder starting January 3, 2013. The claim for TDIU prior to January 3, 2013, was denied.
- Denied
The appeal for an earlier effective date for the grant of service connection and a higher rating was denied as there is no legal basis to assign an earlier effective date.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.