The Veteran's claim for an initial rating in excess of 50 percent for PTSD, including Major Depressive Disorder and Sleep Apnea is remanded due to a pre-decisional duty to assist error.
The deciding factor: The AOJ relied on an inadequate VA examination when assigning the current disability rating, which constitutes a pre-decisional duty to assist error.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Major Depressive Disorder, Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 14, 2023
- Citation
- A23032039
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 A23032039.
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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.