The Board remands the claim for service connection of an acquired psychiatric disorder, including PTSD, depression, and anxiety, to correct a pre-decisional duty to assist error by verifying in-service stressors and obtaining a new medical opinion.
The deciding factor: The AOJ's reliance on inadequate VA medical opinions, without clarifying or addressing all of the Veteran's diagnosed psychiatric disorders when denying the Veteran's claim, was a pre-decisional duty to assist error. A remand is necessary for the AOJ to obtain a new medical opinion and verify in-service stressors.
- Claimed conditions
- Posttraumatic stress disorder (PTSD), Depression, Anxiety
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24070103
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 service connection for PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Partly granted
The Board granted service connection for multiple myeloma, back disability (secondary to multiple myeloma), and depression, with an effective date of January 26, 2021. The decision also remanded claims related to breast cancer, DEA benefits, and initial ratings.
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