The Board has found a pre-decisional duty to assist error due to the lack of consideration of the Veteran's service-connected major depression with psychotic features in determining his eligibility for special monthly compensation (SMC) based on aid and attendance. The case is remanded for further evaluation.
The deciding factor: The examination report did not adequately consider all the Veteran's symptomology associated with his service-connected major depression with psychotic features, leading to a pre-decisional duty to assist error.
- Claimed conditions
- Major depression with psychotic features
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2022
- Citation
- A22026034
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 A22026034.
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 reopened the Veteran's claim of service connection for an acquired psychiatric disability due to new and material evidence, but remanded for further medical examination and opinion regarding the etiology of these conditions.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for a Board hearing and issuance of a Statement of the Case in connection with the overpayment of disability compensation benefits issue.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining the Veteran's complete service personnel file and attempting to verify his claimed stressors. A VA examiner will also be consulted to provide an opinion regarding the etiology of the Veteran's psychiatric disabilities.
- Denied
The Veteran is unable to secure and maintain gainful employment due to his willful misconduct, specifically substance abuse. As a result, he is not entitled to nonservice-connected pension benefits.
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