The Veteran's claims for an increased rating and TDIU are being remanded due to a duty-to-assist error. The VA treatment records that were scanned into the Veteran's file but not yet associated with his claims file need to be obtained.
The deciding factor: There is a pre-decisional duty-to-assist error in the record as non-VA treatment records have been scanned into the Veteran's VA medical file but are not yet associated with his claims file.
- Claimed conditions
- Psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2024
- Citation
- A24041206
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 A24041206.
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 the Veteran's motion to revise the May 2013 rating decision that denied a TDIU, finding no clear and unmistakable error.
- Denied
The Veteran's psychiatric disability is currently rated at 30 percent, which is the lowest possible rating under the General Rating Formula for Mental Disorders. The Board found that his symptoms did not warrant a higher rating as they were intermittent and did not significantly impair his occupational or social functioning.
- Denied
The Veteran's claim for an increased rating of his psychiatric disability was the initial decision, and thus attorney fees are not eligible based on past due benefits awarded in April 2025.
- Dismissed
The Veteran's service-connected psychiatric disability has been rated at 100 percent, and he is already receiving special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114(s). Therefore, there remains no issue for the Board to resolve regarding entitlement to Total Disability due to Individual Unemployability (TDIU).
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