The Veteran's earlier effective date claim for a 100% rating for adjustment disorder with depressed mood (psychiatric disorder) is denied as the evidence does not show an ascertainable increase in severity of the disability prior to May 12, 2017.,The claims for service connection for sleep apnea, migraine headaches, and mild gastritis are reopened due to new and material evidence. However, these claims remain denied as there is no evidence linking these conditions to military service.
The deciding factor: There was no ascertainable increase in the Veteran's psychiatric disorder prior to May 12, 2017.
- Claimed conditions
- adjustment disorder with depressed mood (psychiatric disorder), sleep apnea, migraine headaches, mild gastritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 25, 2023
- Citation
- 23023835
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 23023835.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Whole decision: Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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