The Board previously denied the Veteran's claim for service connection for dysthymia, depressive reaction, and/or major depression. The Joint Motion to vacate found that the Board had erred by finding no in-service psychiatric treatment when the Veteran reported such treatment. As a result, the case is being remanded for further action including obtaining additional service medical records and conducting another VA examination.
The deciding factor: The Joint Motion identified an internal inconsistency between the Board's decision and its reliance on two VA medical opinions that did not consider in-service psychiatric treatment as described by the Veteran.
- Claimed conditions
- dysthymia, depressive reaction, major depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2009
- Citation
- 0919744
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 0919744.
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 remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Granted
The Veteran's service-connected PTSD, major depression, generalized anxiety disorder, insomnia and alcohol use disorder caused his sleep apnea.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Dismissed
The appeal for neck pain pinched nerve severe arthritis cervical spine is dismissed as a matter of law. Service connection and increased ratings are granted for major depression, mental disorder anxiety and PTSD, carpal tunnel syndrome (both wrists), and migraine including migraine variants.
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