The Board remands the claim for an initial rating in excess of 30 percent for generalized anxiety disorder, unspecified anxiety disorder and unspecified depression due to a pre-decisional duty to assist error.
The deciding factor: The failure to obtain subsequent VA treatment records from the San Juan Vet Center is a pre-decisional duty to assist error that requires remand.
- Claimed conditions
- Generalized anxiety disorder, Unspecified anxiety disorder, Unspecified depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072647
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 an effective date of May 9, 2022, for the grant of service connection for posttraumatic stress disorder with generalized anxiety disorder, other specified depressive disorder, and alcohol use disorder.
- Denied
The Board denied an increased rating higher than 70 percent for the Veteran's psychiatric disorder, finding that his symptoms did not more closely approximate total occupational and social impairment.
- Granted
The Veteran was granted a rating of total disability due to individual unemployability (TDIU) based upon service-connected disorders effective July 20, 2022, and basic eligibility to Dependents' Educational Assistance (DEA) pursuant to 38 U.S.C. chapter 35 for the same effective date.
- Denied
The Board denied the Veteran's claims for an earlier effective date for TDIU, DEA benefits, and a finding of TDIU based solely on generalized anxiety disorder.
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