The Board has found that there is a need to correct a duty to assist error and remand the case for further development, including obtaining an opinion on whether the Veteran's current psychiatric disability (major depressive disorder) is related to his service.
The deciding factor: There was no clear and unmistakable evidence to deny the presence of a current diagnosis of major depressive disorder. The failure to obtain a nexus opinion on this issue constitutes a duty to assist error requiring remand for correction.
- Claimed conditions
- major depressive disorder, recurrent, moderate
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2024
- Citation
- A24086311
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 A24086311.
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 has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected major depressive disorder, recurrent, moderate and alcohol use disorder, mild. The decision finds that there is at least an approximate balance of positive and negative evidence regarding this issue.
- Denied
The Board denied service connection for adjustment disorder with anxiety, major depressive disorder, recurrent, moderate, migraine including migraine variants, near-syncope (claimed as vasovagal syncope), thoracolumbar strain (claimed as musculoskeletal mid/lower back thoracolumbar spine), and tinnitus.
- Dismissed
The Veteran withdrew all pending claims and appeals, resulting in the dismissal of the appeal.
- Partly granted
The Board denied service connection for left ear hearing loss and denied initial ratings above the assigned levels for various service-connected conditions, except for a 50 percent rating for tension headaches.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.