The Board remands the claims for a disability rating in excess of 30 percent prior to December 14, 2020, and in excess of 70 percent from December 14, 2020, onward for adjustment disorder with mixed anxiety and depressed mood; a disability rating in excess of 10 percent prior to February 19, 2020, and in excess of 40 percent from February 19, 2020, onward for lumbar strain with spinal stenosis, degenerative disc disease and IVDS; and entitlement to a total disability rating based on individual unemployability due to the need for additional evidence.
The deciding factor: Remand is required to obtain all identified VA treatment records and an adequate VA examination of the severity of the Veteran's adjustment disorder during the period on appeal, as well as outstanding VA treatment records pertinent to the period on appeal for the lumbar spine claim. The issues are inextricably intertwined with a TDIU claim.
- Claimed conditions
- Adjustment Disorder with Mixed Anxiety and Depressed Mood, Lumbar Strain with Spinal Stenosis, Degenerative Disc Disease and IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065142
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 initial 70 percent disability rating for the veteran's adjustment disorder with mixed anxiety and depressed mood.
- Denied
The Board denied an initial disability rating in excess of 30 percent for adjustment disorder with mixed anxiety and depressed mood.
- Denied
The Board denied the Veteran's claim for a total disability evaluation based upon individual unemployability due to his service-connected adjustment disorder with mixed anxiety and depressed mood, as the evidence did not show that he was unable to obtain or maintain substantially gainful employment.
- Denied
The Board denied service connection for post-traumatic stress disorder (PTSD) and adjustment disorder with mixed anxiety and depressed mood as the evidence did not show a link between these conditions and the Veteran's active service.
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