The Veteran's claims for an initial rating in excess of 50 percent for depressive disorder with anxious distress and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to obtain the Veteran's vocational rehabilitation folder, as well as a VA retrospective medical opinion addressing his ability to secure and follow substantially gainful employment during the appeal period.
The deciding factor: The Board finds that obtaining VRE records and a VA retrospective medical opinion clarifying the effects of the Veteran's service-connected disabilities on his employability is necessary for effective adjudication of the claims.
- Claimed conditions
- depressive disorder with anxious distress, herniated nucleus pulposus at L4-5, fusion of the second proximal interphalangeal joint, tibial nerve radiculopathy of the left leg, right index finger scar, scar on back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2024
- Citation
- A24035072
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. Read the original VA decision (opens in a new tab) using citation A24035072.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board has dismissed the Veteran's appeals regarding his claims for an increased disability evaluation for a right index finger scar and service connection for a left hand disorder due to withdrawal of these appeals by the Veteran.
- Dismissed
The Veteran's appeals for the proposed reduction of facial scars, an increased rating for tinnitus, and service connection for migraines have been dismissed due to untimely filings or lack of good cause.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received for the claim of service connection for headaches. The Veteran's supplemental claim is being remanded to allow for a VA examination and an updated opinion regarding the relationship between his headaches and his service-connected depressive disorder with anxious distress.
- Granted
The Board has granted the Veteran's claim for service connection for a psychiatric disability, including unspecified depressive disorder and depressive disorder with anxious distress, as secondary to his service-connected tinnitus. The decision finds that the Veteran's sleeplessness due to constant ringing in his ears caused his depression.
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