The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new VA examinations to assess the severity of his service-connected disabilities, including Major Depressive Disorder (MDD), Degenerative Arthritis of the Spine with IVDS and Pars Defect with Anterolisthesis of L5-L1 (spine disorder), right lower extremity sciatic nerve disability, right lower extremity femoral nerve disability, left lower extremity sciatic nerve disability, and left lower extremity femoral nerve disability. The TDIU claim is also being remanded as it is intrinsically intertwined with the other issues on appeal.
The deciding factor: The Veteran's disability picture has worsened since his last VA examinations in 2018-2020, and new evidence suggests that his service-connected disabilities are more severe than previously assessed. The need for a remand is triggered by the passage of time since the last VA examination.
- Claimed conditions
- Major Depressive Disorder (MDD), Degenerative Arthritis of the Spine with IVDS and Pars Defect with Anterolisthesis of L5-L1 (spine disorder), Right Lower Extremity Sciatic Nerve Disability, Right Lower Extremity Femoral Nerve Disability, Left Lower Extremity Sciatic Nerve Disability, Left Lower Extremity Femoral Nerve Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 29, 2023
- Citation
- 23054487
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 23054487.
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 has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's Major Depressive Disorder (MDD) is found to have begun during their active duty service and continues to this day, meeting the criteria for service connection.
- Denied
The Veteran's acquired psychiatric disorder with TBI is rated at 70 percent, but the appeal for a higher rating is denied.
- Denied
The Veteran's claim for a higher disability rating for her service-connected MDD with PTSD was denied. The evidence did not show total occupational and social impairment, despite the Veteran maintaining full-time employment.
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