The Veteran is seeking an earlier effective date for service connection of depressive disorder, which was granted in February 2021 with a November 26, 2019, effective date. The AOJ denied the claim of clear and unmistakable error (CUE) regarding this effective date. The Board has remanded the case to allow the AOJ to address the CUE contention.
The deciding factor: The AOJ failed to adjudicate the Veteran's contention that the assigned effective date for his depressive disorder is a clear and unmistakable error (CUE).
- Claimed conditions
- Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2024
- Citation
- A24081944
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 A24081944.
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.
- Dismissed
The Veteran's appeal for service connection for PTSD has been dismissed as the claim was granted and effective from February 22, 2023.
- Granted
The Veteran's psychiatric disorder, specifically depressive disorder, is rated at 70 percent effective from August 3, 2021. The claim for a higher rating remains denied.
- Remanded (sent back)
The Veteran's service-connected Depressive Disorder is causing him to require regular assistance in keeping himself clean and presentable, which may qualify him for special monthly compensation based on need for aid and attendance. The case is being remanded to schedule a VA examination to assess this issue.
- Granted
The Veteran's depressive disorder is rated at 70 percent, effective from the date of service connection (January 23, 2020), due to occupational and social impairment with deficiencies in most areas.
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