The Board has remanded the case due to a need for additional development regarding VA medical records from 1973 through 1975, which may potentially serve as the basis for finding clear and unmistakable error in the September 1994 rating decision. The effective date of service connection will also be reconsidered.
The deciding factor: The Board found that new VA medical records from 1973 to 1975 were constructively before VA at the time of the September 1994 rating decision, which may support a finding of clear and unmistakable error in that decision.
- Claimed conditions
- Anxiety Disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2024
- Citation
- 24009480
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 24009480.
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.
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The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Denied
The Board denied eligibility to attorney fees based on past-due benefits awarded in a March 2024 rating decision because the March 2024 rating decision was an initial decision granting service connection for anxiety disorder.
- Granted
The Veteran's TDIU claim is granted, and service connection for IBS as secondary to anxiety disorder is granted. Service connection for non-Hodgkin lymphoma is denied due to lack of presumptive basis. Service connection for CHF with bradycardia and pacemaker as secondary to hypertension is granted.
- Denied
The Veteran's service-connected major depression and anxiety disorder are considered part of his service-connected peripheral neuropathy, which already qualifies him for SMC(l). Therefore, he is not eligible for a higher rate of SMC.
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