The Veteran's appeal for an earlier effective date for the award of service connection for other specified depressive disorder and other specified anxiety disorder is dismissed.,The Veteran's claim for a rating in excess of 50 percent for migraine headaches remains pending, but no new evidence has been submitted to warrant a higher rating. The issue of remanding for a VA examination related to lumbar spine degenerative disc disease with degenerative arthritis and lower extremity radiculopathy is also noted.,The Veteran's claim for TDIU is inextricably intertwined with the issues being remanded, so it must be addressed as well.
The deciding factor: The effective date appeal for service connection for other specified depressive disorder and anxiety disorder was dismissed due to lack of a valid notice of disagreement. The rating for migraine headaches remains at 50 percent, which is the maximum schedular rating available. The issues related to lumbar spine degenerative disc disease with degenerative arthritis and lower extremity radiculopathy are remanded as they are inextricably intertwined with the TDIU claim.
- Claimed conditions
- Other specified depressive disorder, Other specified anxiety disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2023
- Citation
- A23028938
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 A23028938.
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 other specified depressive disorder is rated at 70 percent, but no higher, for the entire appeal period.
- Granted
The reduction in rating for other specified anxiety disorder from 30 to 10 percent, effective May 1, 2025 was improper and restoration of the prior 30 percent rating is granted.,The reduction of acne rating from 10 percent to zero percent was improper and restoration of the 10 percent rating is denied.,The reduction in rating for lumbosacral strain from 40 percent to 10 percent was improper and restoration of the 40 percent rating is granted.
- Granted
The Veteran's depression is rated at a 70 percent disability rating, effective from the date of this decision.
- Granted
The Board has revised the August 2018 rating decision to grant service connection for other specified anxiety disorder due to a finding of clear and unmistakable error.
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