The Board has dismissed the claims for service connection of major depressive disorder and generalized anxiety disorder due to a lack of proper appeal initiation. The claim for ataxic gait (claimed as ageotropic static positional nystagmus) is remanded.
The deciding factor: The Veteran did not properly initiate an appeal for the issues of service connection for major depressive disorder and generalized anxiety disorder, leading to their dismissal. The issue of ataxic gait is remanded due to incomplete development of evidence related to combat experiences.
- Claimed conditions
- major depressive disorder, generalized anxiety disorder, ataxic gait (claimed as ageotropic static positional nystagmus)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2020
- Citation
- A20018209
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
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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.