The claim for an initial rating in excess of 70 percent for major depressive disorder (MDD) was denied due to the Veteran's failure to report for a scheduled VA examination without good cause. The issue of entitlement to a total disability rating, based on individual unemployability, due to service-connected disabilities is remanded.
The deciding factor: The claimant failed to appear for his scheduled VA examination without providing good cause, and as such, the claim was denied under 38 C.F.R. § 3.655(b).
- Claimed conditions
- Major Depressive Disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000077
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 remands the claim for an acquired psychiatric disorder, to include MDD, as secondary to service-connected disabilities due to a duty to assist error.
- Denied
The Board denied service connection for various conditions, including GAD, MDD, PTSD, bilateral hearing loss, tinnitus, and foot disabilities. The claim for NSC pension benefits was dismissed as moot due to a higher disability rating.
- Granted
The Board granted an effective date of June 21, 2024, for the award of service connection for major depressive disorder (MDD).
- Partly granted
The Board granted an effective date of April 3, 1982 for the 70 percent rating for major depressive disorder (MDD), but denied an earlier effective date for a total disability rating based on individual unemployability (TDIU).
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