The Board has decided the Veteran's claims for an initial disability rating of 70 percent, but not greater, prior to December 9, 2016, and in excess of 70 percent thereafter from December 9, 2016. The appeal is remanded for further action on the issue of service connection for a cervical spine disability.
The deciding factor: The Veteran's claims have been decided based on his psychiatric condition (Depressive Disorder with Anxious Distress, including Alcohol Use Disorder). Service connection for a cervical spine disability remains pending and requires additional evidence or clarification from the parties involved.
- Claimed conditions
- Depressive Disorder with Anxious Distress, including Alcohol Use Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20001102
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 Board denied service connection for an acquired psychiatric disorder, PTSD, and an unspecified sleep disorder due to a lack of evidence linking these conditions to the Veteran's active service. The Board also denied increased ratings for ring finger and little finger limitation of motion, allergic rhinitis, and multiple noncompensable disabilities.
- Denied
The Board denied the Veteran's claim for a separate rating for a depressive disorder with anxious distress, secondary to Parkinson's disease, as it found that assigning such a rating would constitute impermissible pyramiding of benefits.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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