The Board remands the claim for a new opinion to determine whether the Veteran's current psychiatric disability is related to service, as the previous VA etiology opinion did not adequately address the in-service events and lay report of anxiety.
The deciding factor: The November 2022 VA examiner improperly relied on the absence of documentation showing an in-service diagnosis or treatment, which does not comply with the remand directives.
- Claimed conditions
- Acquired psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23001891
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.
- Denied
The Board denied the Veteran's claim for a rating in excess of 50 percent for her acquired psychiatric disability, finding that the evidence did not support a higher rating.
- Denied
The Board denied the Veteran's claim for service connection for an acquired psychiatric disability, to include PTSD, as the evidence did not support a finding that his current mental health conditions were related to his active duty service.
- Denied
The Board denied the Veteran's appeal for a disability rating in excess of 50 percent for an acquired psychiatric disability, finding that the evidence did not support a higher rating.
- Remanded (sent back)
The Board remands the claim for service connection for a psychiatric disability to provide the Veteran with a VA examination.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.