The Board has remanded the case due to new evidence and a need for an addendum VA medical opinion regarding the etiology of the Veteran's current acquired psychiatric disability, specifically whether it is proximately due or aggravated by his service-connected lumbar spine disability and/or bilateral lower extremity radiculopathy.
The deciding factor: The Court held that aggravation under 38 C.F.R. § 3.310(b) does not require permanent worsening of the nonservice-connected disability, but rather any incremental increase in disability resulting from service-connected conditions above the degree existing before the increase.
- Claimed conditions
- Major Depression Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 6, 2023
- Citation
- 23021416
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. Read the original VA decision (opens in a new tab) using citation 23021416.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected generalized anxiety disorder with major depression disorder is rated at 70 percent, and the appeal for a higher rating or TDIU has been denied.
- Denied
The Veteran's major depression disorder is currently rated at 50 percent, and the Board finds that a higher rating of greater than 50 percent is not warranted based on the evidence of record. The Veteran does not meet the criteria for a 70 percent disability rating due to occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's service-connected Major Depression Disorder is rated at 100% for the duration of the period on appeal, granting a total disability rating. The issue of TDIU is dismissed as moot due to the award of a 100% rating. SMC at the housebound rate is denied.
- Partly granted
The appeal seeking revision or reversal of the January 9, 1986, rating decision was denied. The appeal seeking revision or reversal of the November 30, 2015, rating decision was granted, and an effective date of November 15, 1984, for the award of service connection for PTSD was assigned.
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