The Veteran's claims for service connection for a psychiatric disability and an increased rating for hiatal hernia are being remanded due to the need for clarification of medical evidence and additional examinations.
The deciding factor: There is conflicting medical evidence regarding the presence of a psychiatric disability, and the most recent VA examination was not contemporaneous. The Veteran's failure to report for scheduled VA examinations also needs to be addressed.
- Claimed conditions
- psychiatric disability, hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2010
- Citation
- 1023505
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 1023505.
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 remands the claim for a psychiatric disability to correct a pre-decisional duty to assist error, specifically regarding the presumption of soundness at entrance into service.
- Denied
The Board denied service connection for chronic kidney disease, atrial fibrillation, hiatal hernia, COPD, and prostate cancer as a result of toxic exposure during the Veteran's military service.
- Denied
The Board denied higher initial disability ratings for the service-connected psychiatric disability and denied earlier effective dates for TDIU, SMC at the schedular housebound rate, and DEA benefits.
- Partly granted
The Board granted a 30 percent disability rating for GERD and hiatal hernia, effective March 31, 2020, but denied an earlier effective date and a higher initial rating.
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