The Board has decided to remand the case due to inadequate opinions from previous VA and private evaluations regarding the relationship between the Veteran's service-connected tinnitus, stomach ulcers, and his diagnosed depressive disorder. The Veteran needs a new examination to determine if his depressive disorder is secondary to or aggravated by these conditions.
The deciding factor: The Board found that the previous opinions were inadequate due to lack of rationale and conflicts with recent case law regarding the timing of service connection for psychiatric disorders.
- Claimed conditions
- depressive disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2019
- Citation
- 19178825
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 Board granted a disability rating of 50 percent for the Veteran's acquired psychiatric disorder, characterized as depressive disorder, effective May 1, 2017.
- Partly granted
The Veteran is granted service connection for migraine headaches secondary to tinnitus, effective April 1, 2021. The claim for an earlier effective date for depressive disorder was denied.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder to obtain a VA examination and etiological opinion.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, left and right lower extremity radiculopathies, left and right hip pain, right knee degenerative arthritis, generalized anxiety disorder, and depressive disorder.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.