The case is being remanded for the issuance of appropriate notice regarding a claim of clear and unmistakable error in the May 2006 rating decision, which granted service connection for major depressive disorder with psychosis. The earlier effective date claim will be deferred until this development is complete.
The deciding factor: The RO's announcement of the denial of the CUE claim in the July 2008 supplemental statement of the case was improper and requires corrective action as per VA regulations.
- Claimed conditions
- Major depressive disorder with psychosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2011
- Citation
- 1132647
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 1132647.
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 Veteran's service-connected PTSD, major depressive disorder with psychosis and associated stimulant and alcohol use disorders required hospital treatment for a period exceeding 21 days from February 26, 2020 to March 20, 2020. The Board granted a temporary total evaluation of 100%.
- Remanded (sent back)
The Veteran seeks recognition of his son J.A.R. as a child for additional dependency compensation due to the Veteran's disability rating. The Board finds that there was an error in not obtaining federal records from SSA, which could be relevant to determining if J.A.R. is permanently incapable of self-support prior to age 18.
- Remanded (sent back)
The Veteran's claim for service connection of an acquired psychiatric disorder is remanded due to the need for a new VA examination.
- Granted
The Board has granted service connection for major depressive disorder with psychosis and anxiety disorder NOS, but the issues of cervical spine disability and bilateral neurological disability of the upper extremities are remanded due to insufficient evidence.
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