The case is being remanded for further development, including a VA psychiatric examination to determine the etiology of any currently diagnosed nicotine disability and the current severity of the Veteran's anxiety disorder. The issues of service connection for nicotine dependence as secondary to service-connected disabilities, increased evaluation for anxiety disorder, and TDIU are still inextricably intertwined.
The deciding factor: The remand is necessary due to incomplete development of the claims file and failure to readjudicate certain issues after a VA psychiatric examination.
- Claimed conditions
- nicotine dependence, anxiety disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 6, 2012
- Citation
- 1212745
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 1212745.
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.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the VA audiological examination inadequate for adjudicative purposes and remanded for an adequate VA audiological examination to determine if the Veteran has bilateral hearing loss. Service connection for PTSD, anxiety disorder, and depression is also remanded as there are insufficient competent medical evidence on file.
- Granted
The Board has granted the Veteran's claim for service connection for an acquired psychiatric condition, specifically anxiety disorder and major depressive disorder, which is found to be due to military sexual trauma experienced during service. The decision also notes that the Veteran's reports of in-service personal assault are credible and supported by medical opinions.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for tinnitus, anxiety disorder, back disability, left shoulder disability, right shoulder disability, and right knee disability. The claim for service connection for residuals of a concussion is remanded.
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