The Veteran's appeal is remanded for additional development regarding his claims of increased ratings and service connection for sleep apnea, as well as entitlement to special monthly compensation (SMC) based on loss of use of the bilateral feet and need for aid and attendance.
The deciding factor: The Board finds that substantial compliance with previous remand directives has not been met, necessitating further development in order to obtain information regarding the competency of VA examiners who performed examinations related to his sleep apnea and radiculopathy. Additionally, an addendum medical opinion is needed on the etiology of his sleep apnea.
- Claimed conditions
- Major depressive disorder with alcohol use disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2021
- Citation
- 21061361
Veterans Law Judge
Decisions by this judge: 1,455 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 21061361.
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 Veteran's major depressive disorder with alcohol use disorder is rated at 70 percent for the appeal period prior to February 3, 2022 and denied for a rating in excess of 70 percent beginning on that date. The Veteran also has TDIU granted.
- Granted
The Veteran's service-connected major depressive disorder with alcohol use disorder is rated at 70 percent effective July 8, 2024.
- Granted
The Veteran's service connection claim for PTSD and major depressive disorder with alcohol use disorder is granted, as the evidence supports a link between these conditions and an in-service personal assault.
- Dismissed
The Veteran's appeal regarding an increased rating for major depressive disorder with alcohol use disorder has been dismissed due to the death of the Veteran during the pendency of the appeal.
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