The Board remands the claims for service connection and increased rating to correct duty-to-assist errors, including scheduling VA examinations.
The deciding factor: Remand is necessary due to duty-to-assist errors that occurred prior to the AOJ's decision on the claim under review.
- Claimed conditions
- Acquired psychiatric disability other than panic disorder, to include posttraumatic stress disorder (PTSD) and major depressive disorder, Hypothyroidism, Residuals of right thumb fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063789
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.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) effective July 20, 2021, but denied an initial disability rating in excess of 50 percent for obstructive sleep apnea.
- Partly granted
The Board granted service connection for hypothyroidism and denied the claims for a compensable rating for acne, service connection for bilateral plantar fasciitis with hammer toes, and service connection for pelvic organ prolapse.
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