The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring further examination and opinion regarding the nature and etiology of the Veteran's acquired psychiatric disability.
The deciding factor: The decision is based on a failure to provide a VA medical examination as required by McLendon v. Nicholson (2006) when there is evidence indicating an association between service and current disability.
- Claimed conditions
- depressive mood disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2024
- Citation
- A24052129
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 A24052129.
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 granted service connection for an acquired psychiatric disorder, including unspecified anxiety disorder, depressive mood disorder, and insomnia disorder, resolving all reasonable doubt in the Veteran's favor.
- Granted
The Veteran's depressive mood disorder prior to January 5, 2009 resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks due to symptoms including depression, anxiety, and mild memory loss.
- Denied
The Board denied the Veteran's claim for an increased rate of SMC on the basis of the need for aid and attendance of another person for purposes of accrued benefits, finding that evidence in VA's possession at the time of the Veteran's death was insufficient to establish a factual need for regular aid and attendance due to service-connected disabilities.
- Partly granted
The veteran's depressive mood disorder was previously granted service connection, but a higher rating is denied. The chronic cystitis has been granted a 40% disability rating from November 14, 1997 to May 7, 2007, and the claim for an increased rating since that date remains denied.
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