The reduction in disability rating for persistent depressive disorder from 50% to 30% is not supported by the weight of evidence and a 50% disability rating is restored.,An effective date earlier than June 27, 2017, for the grant of service connection for persistent depressive disorder is denied.,Service connection for a low back disorder is granted.,Service connection for right lower extremity radiculopathy secondary to a low back disorder is granted.,Initial rating in excess of 50% for persistent depressive disorder prior to April 3, 2023, and in excess of 70% thereafter is remanded.,Entitlement to service connection for hypertension is remanded.,Entitlement to service connection for migraines is remanded.,Entitlement to service connection for a right shoulder disorder is remanded.
The deciding factor: The reduction in disability rating was not supported by the evidence and did not follow proper procedures.,There is no indication that the Veteran intended to file a claim prior to June 27, 2017, for service connection for persistent depressive disorder.,Chronicity of symptoms is shown, and service connection is warranted based on in-service motor vehicle accidents.,The VA examiner did not discuss all provided lay statements from the Veteran regarding her symptoms.,The current examinations are inadequate to evaluate the severity of the Veteran's disorders.,There is insufficient evidence to determine if hypertension is related to service.,There is insufficient evidence to determine if migraines are related to service.,There is insufficient evidence to determine if a right shoulder disorder is related to service.
- Claimed conditions
- persistent depressive disorder, low back disorder, right lower extremity radiculopathy, hypertension, migraines, right shoulder disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2023
- Citation
- 23065730
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 23065730.
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 Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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