The Board remands the claim for service connection for an acquired psychiatric disorder, including bipolar disorder and posttraumatic stress disorder, due to a pre-decisional duty to assist error.
The deciding factor: A pre-decisional duty to assist error occurred by not obtaining an appropriate VA examination and failing to attempt to obtain private treatment records.
- Claimed conditions
- bipolar disorder, posttraumatic stress disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068355
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 Board granted an effective date of December 12, 2023, for a 50 percent evaluation of bipolar disorder and remanded the other issues for further development.
- Dismissed
The appeal for a temporary total evaluation because of hospital treatment in excess of 21 days for service-connected posttraumatic stress disorder was withdrawn by the Veteran's representative and is therefore dismissed.
- Granted
The Board granted service connection for an acquired mental health condition, to include major depressive disorder and bipolar disorder, based on new evidence.
- Partly granted
The Board denied service connection for bipolar disorder and denied increased ratings for the lumbar disability, left and right sciatica, and chronic sinusitis. However, it granted an increased rating of 40 percent from March 7, 2022, for left and right sciatic radiculopathy and restored a 30 percent rating for chronic sinusitis.
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