The Veteran's appeal is remanded to consider his claim for Total Disability Rating Based on Individual Unemployability (TDIU) as an element of the initial rating assigned for his service-connected Adjustment Disorder. The issue must be considered in light of Rice v. Shinseki, 22 Vet. App. 447 (2009), and Akles v. Derwinski, 1 Vet. App. 118 (1991).
The deciding factor: The Board's decision is remanded to consider the Veteran's claim for TDIU as an element of his initial rating for Adjustment Disorder.
- Claimed conditions
- Adjustment Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2023
- Citation
- A23035956
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 A23035956.
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 claims for service connection for adjustment disorder and hearing loss, finding that there was no evidence of in-service onset or relationship to military service.
- Denied
The Veteran's service-connected adjustment disorder was not manifested by occupational and social impairment with deficiencies in most areas or total occupational and social impairment at any point during the appeal period. The criteria for entitlement to an initial rating higher than 50 percent for service-connected adjustment disorder have not been met.
- Remanded (sent back)
The Board has remanded the case due to duty-to-assist errors and a need for a VA psychiatric examination.
- Granted
The Veteran's adjustment disorder with cannabis use disorder is granted effective June 28, 2002 and a rating of 100 percent is granted.
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