The Board has remanded the claims for an initial rating greater than 30 percent for MDD with GAD prior to November 6, 2019 and for an increased rating greater than 70 percent for MDD with GAD from that date. Additionally, the TDIU claim is also being remanded.
The deciding factor: The AOJ failed to obtain updated private psychiatric treatment records from Solay Counseling since May 2013 as required by regulation and the Veteran's notice of disagreement.
- Claimed conditions
- Major Depressive Disorder (MDD) with Generalized Anxiety Disorder (GAD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2020
- Citation
- 20031899
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20031899.
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 an initial 70 percent rating for Major Depressive Disorder with Generalized Anxiety Disorder, effective December 21, 2021.
- Granted
The Veteran is granted an initial 50 percent rating for MDD with GAD from August 9, 2010.
- Partly granted
The Board granted a disability rating of 50 percent for MDD with GAD from December 8, 2021, to March 9, 2022, and denied an increased rating in excess of 50 percent thereafter.
- Granted
The Board granted an initial 50 percent disability rating for Major Depressive Disorder with Generalized Anxiety Disorder, effective August 24, 2021.
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