The Board has remanded the cases for further development due to duty-to-assist errors, including scheduling VA examinations and obtaining medical opinions.
The deciding factor: The Veteran's claims were not properly addressed due to a failure to schedule appropriate VA examinations and obtain necessary medical opinions.
- Claimed conditions
- Insomnia, Major Depression Disorder, Lower Back Sprain, Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2024
- Citation
- A24019042
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 A24019042.
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.
- Denied
The Veteran's service-connected generalized anxiety disorder with major depression disorder is rated at 70 percent, and the appeal for a higher rating or TDIU has been denied.
- Remanded (sent back)
The Board has remanded the case due to an inadequate opinion regarding the relationship between any current acquired psychiatric disorder and service, specifically a claimed in-service personal assault. The Veteran's contentions are that he did not report or seek treatment for this assault because he feared it would complicate his discharge.
- Denied
The Veteran's claim for a separate disability rating for insomnia is denied as it is subsumed under his service-connected PTSD.,The effective date for the grant of service connection for PTSD is denied as no new and material evidence was submitted within one year of the July 1986 denial, making the June 9, 2017, claim without legal merit.,The effective date for the grant of service connection for OSA is denied as no new and material evidence was submitted within one year of the April 2013 denial, making the June 9, 2017, claim without legal merit.
- Granted
The Veteran's service connection claim for insomnia is granted as the evidence supports a finding that his current insomnia began during and has continued since service, and was at least as likely as not caused by service.
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