The Board remands the issue of entitlement to a disability rating in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD) for the Agency of Original Jurisdiction to provide notice of the Veteran's right to a pre-decisional hearing and readjudicate the claim.
The deciding factor: The remand is required due to an error by the AOJ in satisfying a regulatory duty regarding notification of the Veteran's right to a hearing before the RO issued its initial decision on appeal.
- Claimed conditions
- posttraumatic stress disorder (PTSD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2024
- Citation
- A24069285
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The Veteran withdrew the appeal for an increased rating of his service-connected PTSD during a Board hearing, and the appeal is therefore dismissed.
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