The Board remands the claim for an initial rating in excess of 30 percent for chronic adjustment disorder with mixed anxiety and depressed mood and insomnia disorder to schedule a new examination due to inconsistencies in the evidence.
The deciding factor: Remand is necessary to correct pre-decisional duty to assist error, as there are inconsistencies in the evidence regarding the severity of the Veteran's psychiatric disorder.
- Claimed conditions
- chronic adjustment disorder with mixed anxiety and depressed mood, insomnia disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2024
- Citation
- A24062253
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 an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Dismissed
The veteran withdrew his appeal regarding the reduction in the disability rating of insomnia disorder, and the Board has no jurisdiction to review this matter.
- Remanded (sent back)
The Board remands the issues of service connection for hypothyroidism, diabetes type II, high blood pressure, insomnia disorder, and sleep apnea due to a duty to assist error and because these conditions may be secondary to the Veteran's already service-connected condition of hypothyroidism.
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