The Board has remanded the case for a new VA examination to determine if the Veteran's service-connected lumbar spine disability caused or aggravated his current depression. The examiner is instructed to use the correct legal standard and provide an opinion on whether there has been any increase in the Veteran's depression as a result of his service-connected lumbar spine disability.
The deciding factor: The Board found that the previous examination used an incorrect legal standard, which led to an erroneous denial of the claim. The new examination must use the correct legal standard (aggravation) and provide an opinion on whether there has been any increase in the Veteran's depression as a result of his service-connected lumbar spine disability.
- Claimed conditions
- depression
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 15, 2017
- Citation
- 1739772
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. Read the original VA decision (opens in a new tab) using citation 1739772.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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