The Board has determined that the December 2013 rating decision, which granted service connection for GAD with MDD and assigned a 50 percent initial rating, was not final due to new and material evidence received within one year of the decision. The matter is being remanded to address whether an effective date prior to February 5, 2017, for the award of TDIU is warranted.
The deciding factor: The Board found that new VA treatment records from December 2014 showed evidence potentially warranting a higher initial rating for GAD with MDD and thus requiring reconsideration of the effective date for TDIU.
- Claimed conditions
- GAD (Generalized Anxiety Disorder), MDD (Major Depressive Disorder)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2022
- Citation
- A22026045
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 A22026045.
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.
- Granted
The Veteran's PTSD with MDD and melancholic features is rated at 50 percent from January 20, 2011, and at 70 percent from November 19, 2021. Effective dates for TDIU, DEA based on permanent and total disability status, and SMC at the 's' rate are set to November 19, 2021.,The Veteran's PTSD is rated at its maximum schedular rating of 70 percent from February 10, 2022. Effective dates for TDIU and DEA based on permanent and total disability status are set to November 19, 2021.
- Granted
The Veteran's migraine headaches are found to be secondary to his service-connected TBI. From July 18, 2016, the Veteran is granted an initial rating of 70% for his TBI with PTSD and MDD.
- Granted
The Veteran's service-connected GAD and residuals of TBI are rated at 70 percent beginning May 8, 2017. This grant is for purposes of accrued benefits.
- Denied
The Board denied service connection for a psychiatric disability, finding that the current psychiatric disorder is not related to service and was first manifested many years after separation.
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