The Board has decided that the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, must be remanded due to a duty-to-assist error. The AOJ did not get medical nexus opinions for all diagnosed disorders other than PTSD.
The deciding factor: The failure to obtain medical nexus opinions for all currently diagnosed psychiatric disorders constitutes a pre-decisional duty to assist error that must be corrected.
- Claimed conditions
- an acquired psychiatric disorder, unspecified depressive disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2024
- Citation
- A24044380
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 A24044380.
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 Veteran's anxiety and depressive disorders were rated at a 70 percent disability rating effective May 6, 2015.,Effective May 6, 2015, the Veteran was granted an earlier effective date for DEA benefits.
- Remanded (sent back)
The Board has remanded the claims for service connection for sleep apnea and an acquired psychiatric disorder due to a failure to obtain relevant private medical records.
- Granted
The Board has determined that the Veteran's current unspecified depressive disorder is related to his service-connected disabilities, and thus grants service connection for this condition.
- Denied
The Veteran's service-connected unspecified depressive disorder with insomnia disorder is rated at 30 percent, and the Board has determined that this rating is not sufficient to reflect his disability picture.
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