The Board remands the claims for separate disability ratings for major depressive disorder and traumatic brain injury (TBI) as well as an earlier effective date for the increased 50 percent disability rating for major depressive disorder with TBI due to pre-decisional duty to assist errors.
The deciding factor: The opinions provided by previous examiners were found inadequate, necessitating a new medical opinion to differentiate between symptoms of major depressive disorder and traumatic brain injury without resorting to speculation.
- Claimed conditions
- Major Depressive Disorder, Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066794
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 a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran was granted a disability rating of 70 percent for posttraumatic stress disorder and major depressive disorder, effective October 24, 2017. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disability due to the need for a more comprehensive medical examination and opinion.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
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