The appeal is remanded to afford the Veteran proper notice and due process, including a new VA examination for PTSD.
The deciding factor: The Board determined that an additional VA examination was necessary to determine the impact of service-connected PTSD on employment and to separate its effects from non-service connected conditions.
- Claimed conditions
- Post traumatic stress disorder (PTSD), Cognitive disorder, not otherwise specified (NOS), secondary to frontal lobe syndrome, Major depressive disorder, Anxiety disorder NOS, Chronic pain with associated psychological features
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2009
- Citation
- 0910753
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 initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
- Denied
The Board denied an effective date earlier than April 9, 2024, for the assignment of a 70 percent evaluation for insomnia disorder with generalized anxiety disorder and major depressive disorder.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.