The Board has found that there was not substantial compliance with its prior remand directives and has ordered another remand to obtain the Veteran's private treatment records for PTSD and Asthma evaluations.
The deciding factor: The scheduling of a VA examination before receiving the Veteran's private treatment records or attempting to obtain them with his authorization violated the Veteran's due process rights.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2022
- Citation
- 22037239
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 22037239.
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 claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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