The Board has decided to remand the Veteran's claims for service connection and TDIU due to his acquired psychiatric disability, as well as his claim of entitlement to a total disability rating for individual unemployability (TDIU) due to service-connected disabilities. The reasons are that VA failed to verify the Veteran's claimed stressors and the December 2020 VA examiner improperly relied on lack of service treatment records in providing a negative nexus opinion.
The deciding factor: The Board found that VA did not fulfill its duty to assist by failing to verify the Veteran's claimed stressors and by relying solely on the absence of evidence (lack of service treatment records) when providing a negative nexus opinion.
- Claimed conditions
- depression, anxiety
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2021
- Citation
- 21070111
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 21070111.
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 remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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