The Veteran's appeal is remanded for additional examinations and development of his TDIU claim. The issues of rating in excess of 50 percent for major depressive disorder, rating in excess of 40 percent for right upper extremity radiculopathy, and rating in excess of 30 percent for neck disability are also remanded.
The deciding factor: The Veteran missed scheduled examinations due to legal troubles and the Board finds this amounts to good cause. The RO should schedule new examinations and help the Veteran develop his TDIU claim.
- Claimed conditions
- major depressive disorder, right upper extremity radiculopathy, neck disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 8, 2023
- Citation
- 23044175
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 23044175.
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 Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Dismissed
The Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
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