The Board has ordered a remand to obtain an examination for the Veteran's psychiatric disorder due to the difficulty in scheduling an examination under VA policy and Florida Department of Corrections policy.
The deciding factor: VA policies do not allow patients to wear mechanical restraints in VA facilities, while Florida Department of Corrections requires incarcerated individuals to remain in mechanical restraints during examinations. The Board found that this prevented a proper examination from being conducted.
- Claimed conditions
- chronic acquired psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2009
- Citation
- 0918222
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 0918222.
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.
- Remanded (sent back)
The Board has decided that the Veteran's claim for residuals of broken right toes is granted. The claims for service connection for a chronic acquired psychiatric disorder and sleep apnea are remanded due to duty-to-assist errors.
- Remanded (sent back)
The Veteran's claim for service connection for a chronic acquired psychiatric disorder is remanded due to the need for an examination and review of private treatment records.
- Denied
The Veteran's claim for a compensable rating for bilateral hearing loss disability and TDIU was denied as the evidence did not show that his service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Remanded (sent back)
The Board has decided to remand the cases for further examination and opinion regarding the Veteran's psychiatric disorder, migraine headaches, right lower extremity disability, and left lower extremity disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.