The Board has remanded the claims for service connection for major depressive disorder and an initial disability rating greater than 30 percent for persistent insomnia disorder, as well as the TDIU claim. The AOJ must obtain updated VA treatment records, seek authorization for private psychiatric care records, schedule appropriate VA examinations, and provide a VA psychiatric examination to address the current nature and severity of the Veteran’s service-connected skin conditions, hypertension, right lung condition, diabetes type 2 and residuals (including peripheral neuropathy of the bilateral lower extremities and voiding dysfunction), as well as his ability to work. The AOJ should also include the issue of whether service connection is warranted for MDD in their readjudication.
The deciding factor: The Court held that the Board provided inadequate reasons and bases for discounting private medical records suggesting a current diagnosis of major depressive disorder (MDD) and its overlap with persistent insomnia disorder. The TDIU claim was also remanded as it is intertwined with the increased initial rating claim for an insomnia disorder.
- Claimed conditions
- major depressive disorder (MDD), persistent insomnia disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178492
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (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 19178492.
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.
- Granted
The Veteran's claim of service connection for dizziness, TBI, MDD, and anxiety disorder is granted as new evidence has been received. The claims are remanded to obtain VA examinations.
- Granted
The Veteran's major depressive disorder is related to her military service, and the Board has granted service connection for an acquired psychiatric disorder.
- Granted
The Veteran's claim for earlier effective dates for service connection and TDIU was granted, with the effective date set at September 27, 2018.
- Granted
The Veteran's PTSD with MDD and middle insomnia are granted as service-connected. The left ankle, lumbar spine, and right ankle disabilities are also granted as service-connected. However, the Veteran's migraines, bilateral shins (tibialis posterior tendinitis), stomach pain, nausea, queasiness, and bilateral foot disabilities remain denied.
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