The Veteran's appeal for an initial rating in excess of 70 percent for his acquired psychiatric disorder, to include anxiety and depressive disorders, was denied. The Board found that the severity, frequency, and duration of the Veteran’s symptoms did not more closely approximate total occupational and social impairment.,An entitlement to a higher rating for his right shoulder disability is remanded due to new evidence showing increased severity since the last examination in December 2015. Additionally, TDIU was also remanded as employment status information is unclear.
The deciding factor: The Veteran's symptoms did not meet the criteria for a 100% rating under the General Formula for Mental Disorders due to lack of gross impairment in thought processes or communication.
- Claimed conditions
- anxiety disorder, depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19129852
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19129852.
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.
- Granted
The Veteran's vascular headaches are granted effective August 22, 2011. A TDIU is granted effective February 11, 2015. SMC based on housebound criteria is denied prior to July 14, 2020.
- Granted
The Board has restored the Veteran's 100% rating for depressive disorder, effective August 1, 2020, as the reduction was improper and did not comply with applicable regulations.
- 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.
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