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
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.
- 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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disability, to include major depressive disorder (MDD), due to several pre-decisional duty to assist omissions.
- Granted
The Board granted service connection for a psychiatric disorder, to include PTSD, MDD, and alcohol use disorder, as secondary to the Veteran's service-connected right knee disability and tinnitus.
- Dismissed
The Board dismissed the veteran's appeals for service connection for major depressive disorder, tinnitus, sleep apnea, and a gastrointestinal disability due to untimeliness of the VA Form 10182. The appeal for service connection for sarcoidosis was denied based on the lack of evidence supporting a current disability.
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