The Veteran's claims for service connection are being remanded due to the improper application of the new and material evidence standard in his previous denial. The issues will be reconsidered under the correct standard.
The deciding factor: The decision is based on the improper application of the new and material evidence standard, which requires a remand for further review.
- Claimed conditions
- psychiatric disorder, addictions, to include by history cocaine, phencyclidine and opioid abuse and alcohol dependence, opioid-induced psychotic disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2024
- Citation
- 24008113
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 24008113.
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 granted the Veteran's claims for increased evaluations and SMC based on housebound status and aid and attendance, with the initial decisions being in February and June 2023. The appellant is eligible to attorney fees based on past-due benefits awarded in September 2024.
- Dismissed
The Board dismissed the appeal for service connection of psychiatric disorder. Service connection was granted for heart condition, throat condition, and hypertension due to herbicide exposure in Japan. Diabetes condition is denied as there is no evidence of treatment or diagnosis.
- Dismissed
The Veteran's service-connected disabilities were considered permanent and total in nature as of August 6, 2020, which is the earliest date on which she can establish basic eligibility for DEA under 38 U.S.C. Chapter 35.
- Granted
The Veteran's tinnitus is granted service connection, while his bilateral hearing loss and hypertensive vascular disease/hypertension are denied. The psychiatric disorder claim is remanded for further review.
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