The Board remands the claims for service connection for an acquired psychiatric disorder, obstructive sleep apnea, and migraine headaches due to a lack of compliance with previous remand instructions.
The deciding factor: The current record is not in substantial compliance with the September 2018 or December 2020 Board remands which directed the AOJ to obtain adequate medical opinions for the Veteran's diagnosed acquired psychiatric disorders as the September 2019 and December 2020 VA examinations did not provide an opinion regarding the Veteran's anxiety or consider the Veteran's statement that he witnessed a fellow servicemember shoot himself in the foot.
- Claimed conditions
- PTSD, Depressive Disorder, Obstructive Sleep Apnea, Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- 24032485
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 Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Denied
The Board denied service connection for an acquired psychiatric disorder, including PTSD, as the Veteran did not have a diagnosis of PTSD or any other psychiatric disorder during the appeal period.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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