The Board has remanded the case due to inadequate reasons and bases for not meeting the low threshold in McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Veteran should be afforded a VA examination based on the current diagnosis and in-service diagnosis of anxiety.
The deciding factor: The CAVC found that the Veteran did not meet the low threshold for a VA examination as outlined in McLendon v. Nicholson, 20 Vet. App. 79 (2006).
- Claimed conditions
- anxiety, depression
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20001229
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 claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Remanded (sent back)
The appeal is remanded for further development and consideration of the Veteran's claims for service connection for various acquired psychiatric disorders.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including back pain, knee and wrist joint pains, neck pain, anxiety, depression, as further development is needed to properly adjudicate these claims.
- Partly granted
The Board granted service connection for generalized anxiety disorder and denied service connection for a lower back disorder. The claims for depression, substance abuse disorder, and a compensable initial rating for bilateral hearing loss were dismissed.
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