The Board has determined that there was a duty-to-assist error in the decision on appeal and requires a new VA examination to address the nature and etiology of the Veteran's claimed acquired psychiatric disorder, including whether it is related to service or secondary to his service-connected erectile dysfunction.
The deciding factor: The May 2021 VA examiner did not consider the lay and medical evidence regarding in-service mistreatment due to race and its potential connection to the Veteran's acquired psychiatric disorder, nor did they provide a direct service connection opinion for the claimed disability. The Board finds this inadequate and requires a new examination.
- Claimed conditions
- acquired psychiatric disorder (claimed as depression)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2024
- Citation
- A24050692
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 A24050692.
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 the Veteran's claim of service connection for an acquired psychiatric disorder, finding that his current diagnosis of major depressive disorder is at least as likely as not due to his military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder and memory loss due to pre-existing conditions that may have been aggravated by his military service. The VA will need to verify any Reserve service dates, obtain VistA images of medical records, and provide a new medical opinion addressing whether the Veteran's mental health issues were clearly and unmistakably not aggravated during his active duty.
- Remanded (sent back)
The Board has determined that there are missing service records and the RO did not obtain all relevant information. The case is being remanded to ensure all available records are obtained.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, finding that it is due to her service-connected fibromyalgia.
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