The Board has remanded the case due to pre-decisional duty to assist errors, including failing to provide a VA examination for service connection of the Veteran's acquired psychiatric disorder.
The deciding factor: The private medical opinion linking the Veteran's psychiatric disorder to her chronic low back pain with lumbar degenerative joint disease and degenerative disc disease is insufficient without supporting details. The Veteran was not afforded a VA examination, which is required when there is evidence suggesting a nexus between the current disability and an already service-connected disability.
- Claimed conditions
- adjustment/mood disorder, chronic low back pain with lumbar degenerative joint disease and degenerative disc disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2024
- Citation
- A24039423
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 A24039423.
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.
- Granted
The Board has granted service connection for adjustment/mood disorder, gastrointestinal reflux disease (GERD), left lower extremity radiculopathy, right lower extremity radiculopathy, and neurogenic bladder disability as secondary to the Veteran's service-connected disabilities.
- Remanded (sent back)
The Board has decided that service connection for migraine headaches is granted as secondary to the service-connected tinnitus. The low back disability, gastroesophageal reflux disease (GERD), and adjustment/mood disorder claims are remanded due to insufficient medical opinions.
- Dismissed
The Veteran's claim for service connection for a mental condition (claimed as adjustment/mood disorder) is dismissed. The claims for service connection for left shoulder strain and right shoulder strain are remanded, while the claim for service connection for right shoulder arthritis is also remanded.
- Denied
The Board denied service connection for an acquired psychiatric disorder, finding no current diagnosis and insufficient evidence to support the claim.
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