The Board has remanded the cases for further development and clarification of opinions regarding service connection, rating, and TDIU. The Veteran's spine disability may be secondary to his left ankle disability, but this needs to be clarified. His major depressive disorder requires a new examination to determine if he has suicidal ideation and its impact on work capacity. The TDIU claim is also remanded as it is inextricably intertwined with the rating and service connection issues.
The deciding factor: The Board found that the current opinions regarding the etiology of the Veteran's spine disability are inadequate, particularly regarding whether it is aggravated by his left ankle disability. Additionally, a new examination is needed to clarify if the Veteran has suicidal ideation related to his major depressive disorder, which impacts work capacity.
- Claimed conditions
- Degenerative arthritis of the spine with spinal stenosis, Major depressive disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2019
- Citation
- 19150633
Veterans Law Judge
Decisions by this judge: 2,549 · Granted: 29% (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 19150633.
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 service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
- Granted
The Board has granted service connection for major depressive disorder, finding that the Veteran's current diagnosis is related to his in-service harassment. Service connection was denied for a binge eating disorder as there is no evidence of such a condition.
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