The Board has determined that the Veteran's discharge from active duty was not for a service-connected disability, and thus he is not excluded from the minimum active-duty service requirement. The case is remanded to obtain an opinion on whether any preexisting disabilities would have justified a discharge.
The deciding factor: VA failed to notify the Veteran of the September 1991 rating decision finding that the Veteran was not excluded from the minimum active-duty service requirement, which prevented the decision from becoming final.
- Claimed conditions
- moderate major depressive disorder, IGA nephropathy, anemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004311
Veterans Law Judge
Decisions by this judge: 2,677 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24004311.
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.
- Remanded (sent back)
The Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Remanded (sent back)
The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for further review of the evidence. The Board is unable to determine if there was a factual increase in disability prior to the effective dates requested, or if service connection should be granted based on the current evidence.
- Denied
The Veteran's service-connected disabilities did not prevent him from maintaining employment in the construction industry, and he was able to work with accommodations such as sedentary work and frequent breaks. The Board denied his claim for a TDIU.
- Granted
The Board has granted service connection for GERD/acid reflux and anemia, finding that these conditions are secondary to the Veteran's service-connected generalized anxiety disorder.
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