The Board has decided to remand the claim of service connection for Major Depressive Disorder as secondary to service-connected asbestosis due to inadequate medical opinions and a duty to assist error.
The deciding factor: The decision is being remanded because there are insufficient medical opinions addressing whether the Veteran's major depressive disorder is caused or aggravated by his service-connected asbestosis, and there was a duty to assist error in previous decisions.
- Claimed conditions
- Major Depressive Disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- A24071090
Veterans Law Judge
Decisions by this judge: 132 · Granted: 30% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation A24071090.
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 Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Remanded (sent back)
The Veteran's claims for an increased rating for PTSD and TDIU are being remanded due to the need for additional development, including a new VA examination.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Remanded (sent back)
The Veteran's claim for a 70 percent disability rating for his psychiatric disorder, including PTSD with MDD and anxiety, has been granted. However, the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) is remanded due to procedural issues.
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