The Veteran's appeal is being remanded due to the failure to schedule a hearing. He is requested to appear for either a Travel Board or videoconference hearing.
The deciding factor: Due process procedures were not followed as the Veteran was scheduled for, but did not report for a videoconference hearing.
- Claimed conditions
- acquired psychiatric disorder, depressive disorder, spinal cord cervical spondylosis with degenerative disc disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2010
- Citation
- 1028966
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 1028966.
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 a disability rating of 50 percent for the Veteran's acquired psychiatric disorder, characterized as depressive disorder, effective May 1, 2017.
- Denied
The Board denied an increased rating for depressive disorder and remanded the claims for a higher rating for headache syndrome and TDIU.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder to correct a duty to assist error, requiring further examination and review of private treatment records.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error, as it is unclear whether the Veteran's claimed conditions are due to any incident of his period of active service.
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.