The Board has decided to remand the case due to a duty to assist error and will need to determine if the Veteran's sleep disorders are related to service, including as residuals of his TBI.
The deciding factor: The decision is based on the failure to address whether the Veteran's TBI residuals should be separately rated from his psychiatric disability and the omission of an examination for a separate sleep disorder claim.
- Claimed conditions
- adjustment disorder with mixed anxiety and depressed mood, traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2021
- Citation
- A21018039
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 A21018039.
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 has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Granted
The Veteran's service-connected adjustment disorder with mixed anxiety and depressed mood, along with alcohol use disorder, has been granted a 100% evaluation effective from April 8, 2021. The disability causes total occupational and social impairment.
- Granted
The Board has restored the 10 percent disability rating for an adjustment disorder and the 20 percent disability rating for a back condition, effective June 1, 2025. The Veteran's claims of increased ratings are remanded.
- Granted
The Veteran's adjustment disorder with mixed anxiety and depressed mood is rated at 70 percent from October 31, 2023. Service connection for IBS and obstructive sleep apnea are granted as secondary to his service-connected disabilities.
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