The Board remands the claim for an acquired psychiatric disorder to schedule a new VA examination due to an inadequate December 2022 VA opinion.
The deciding factor: The December 2022 VA opinion was found inadequate as it provided a positive nexus opinion but denied the diagnosis for which that nexus opinion was based, and did not fully evaluate the Veteran for a PTSD diagnosis under the criteria of 38 C.F.R. § 4.125(a).
- Claimed conditions
- Post-traumatic stress disorder (PTSD), Unspecified anxiety disorder, Major depressive disorder, Other specified trauma disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24073100
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 initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- 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.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
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