The Board found that the Veteran's claim of service connection for depressive disorder was granted and a 30 percent rating assigned, but denied revision based on clear and unmistakable error (CUE) in the October 2007 rating decision. The appeal is remanded for further development regarding his lumbar spine disability and TDIU.
The deciding factor: The Veteran's claim of service connection was granted with a staged rating due to evidence indicating periods of significant stress, but the Board found that the facts were not in dispute and the correct application of law did not change the outcome.
- Claimed conditions
- Depressive Disorder, Lumbar Spine Disability, Right Shoulder Dislocation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2020
- Citation
- 20067278
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 the Veteran's appeal for a higher rating for his lumbar spine disability, both before and after November 8, 2024.
- Partly granted
The Board granted an initial increased rating of 50 percent for the Veteran's acquired psychiatric disability from March 8, 2010, to May 19, 2014, and denied a higher rating thereafter.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder of generalized anxiety disorder and depressive disorder, as secondary to the service-connected left ankle disability. Service connection was also granted for pseudofolliculitis barbae, and a 20 percent rating was assigned for left ankle achilles tendonitis from October 23, 2023.
- Partly granted
The Board granted service connection for an acquired psychiatric disability, to include GAD and depressive disorder, as well as a cervical spine disability, right wrist pain, and left wrist pain. However, the claims for lumbar spine pain were denied.
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