The Veteran's appeals for increased ratings and TDIU have been dismissed due to withdrawal of the appeal. The issues of SMC and compensation under 38 U.S.C. § 1151 are being remanded.
The deciding factor: The Veteran withdrew his appeal regarding the rating for residuals of right elbow fracture, and did not file a timely notice of disagreement for other issues.
- Claimed conditions
- Depressive Disorder, Right Elbow Fracture, Right Median Sensory Loss
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2018
- Citation
- 18146536
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 18146536.
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.
- Dismissed
The Veteran's appeal for service connection for PTSD has been dismissed as the claim was granted and effective from February 22, 2023.
- Granted
The Veteran's psychiatric disorder, specifically depressive disorder, is rated at 70 percent effective from August 3, 2021. The claim for a higher rating remains denied.
- Remanded (sent back)
The Veteran's service-connected Depressive Disorder is causing him to require regular assistance in keeping himself clean and presentable, which may qualify him for special monthly compensation based on need for aid and attendance. The case is being remanded to schedule a VA examination to assess this issue.
- Granted
The Veteran's depressive disorder is rated at 70 percent, effective from the date of service connection (January 23, 2020), due to occupational and social impairment with deficiencies in most areas.
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