The Veteran's service-connected major depressive disorder with anxious distress and traumatic brain injury has rendered him unable to secure or follow substantially gainful employment since January 2022, qualifying for a TDIU. Additionally, the Veteran is in receipt of SMC at the housebound rate due to additional service-connected disabilities. The claim for bilateral pes planus remains pending as it involves duty to assist errors.
The deciding factor: The VA medical opinions were inadequate as they did not provide an adequate rationale regarding whether the Veteran's bilateral pes planus was aggravated by a pre-existing condition or in-service injury, event, or illness.
- Claimed conditions
- Major depressive disorder with anxious distress and traumatic brain injury, Obstructive sleep apnea with asthma, Migraine including migraine variants, Right shoulder strain, Left shoulder strain, Irritable bowel syndrome with diarrhea associated with major depressive disorder with anxious distress and TBI, Bilateral lower extremity radiculopathy (associated with lumbosacral strain), Lumbosacral strain, Bilateral ankle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 29, 2024
- Citation
- A24069729
Veterans Law Judge
Decisions by this judge: 241 · Granted: 35% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation A24069729.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Remanded (sent back)
The Board has decided to remand the case due to a deficiency in the April 2024 VA medical examination, specifically regarding passive range of motion testing for pain.
- Granted
The Veteran's lumbar disorder, diagnosed as DDD and a lumbosacral strain, has been granted service connection. The Board found that the disability is related to his military service.
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