The Board has remanded the claims for TDIU and SMC due to outstanding private medical records that need to be obtained. The issues are inextricably intertwined.
The deciding factor: The Veteran's claim is remanded because there are outstanding private medical records needed for a complete evaluation of his conditions.
- Claimed conditions
- Depressive disorder with anxious distress, Lumbar spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2023
- Citation
- 23063854
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 23063854.
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 Board has determined that the Veteran's currently diagnosed depressive disorder with anxious distress is related to his active service, and thus grants service connection for this condition.
- Remanded (sent back)
The Veteran's claim for SMC based on the need of regular aid and attendance has been granted. The case is remanded due to errors in obtaining necessary evidence for a TDIU rating.
- Remanded (sent back)
The Board has remanded the claim for service connection of a lumbar spine condition due to insufficient examination and consideration of relevant evidence. The reduction in rating for cervical spine disability from 20 percent to 10 percent is not proper, but the Veteran's 20 percent rating is restored.
- Denied
The Veteran's claim for an effective date prior to January 14, 2019, for the award of service connection for obstructive sleep apnea and a 100% rating for depressive disorder with anxious distress is denied. The Board found that the appropriate effective dates are January 14, 2019.
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