The Board remands the matter for the RO to adjudicate whether a December 1974 claim to reopen service connection for a nervous condition (now characterized as anxiety disorder) should be revised or reversed on grounds of clear and unmistakable error, which may impact an earlier effective date for TDIU.
The deciding factor: The Board finds that the issue of an earlier effective date for service-connected anxiety disorder is inextricably intertwined with the claim to reopen the December 1974 claim for a nervous condition and must be remanded.
- Claimed conditions
- anxiety disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- 24032552
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 Board denied service connection for depression, PTSD, and an anxiety disorder due to the lack of a current diagnosis.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
- Remanded (sent back)
The Board dismissed the appeal for a total disability rating based on individual unemployability due to service-connected disability (TDIU) and remanded several issues related to increased ratings for various disabilities.
- Granted
The Board granted an earlier effective date for the 70 percent evaluation of anxiety disorder starting from January 16, 2022.
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