The Veteran's claim for service connection for a back disorder has been reopened, but the appeal is not granted as it remains denied.,An increased rating of 50 percent from October 6, 2009 to May 24, 2013 for MDD was granted. The effective date prior to May 24, 2013 for this increase in disability rating is denied.,The Veteran's claim for an earlier effective date for the increased 50 percent disability rating for MDD is also denied.,A total disability rating due to individual unemployability (TDIU) has been granted.
The deciding factor: The evidence received since the previous denial of service connection for a back disorder relates to a previously unestablished element, thus reopening the claim but not granting it.
- Claimed conditions
- {"condition_name":"Back Disorder"}, {"condition_name":"Migraine Headaches"}, {"condition_name":"Major Depressive Disorder (MDD)"}
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19107014
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.
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The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
- Remanded (sent back)
The Board remands the claims for service connection for unspecified anxiety disorder and major depressive disorder to obtain an adequate medical opinion regarding their etiology.
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