Remanded (sent back)
The Board remands the claims for higher initial ratings for service-connected psychiatric disability and headaches due to pre-decisional failure of the duty to assist based on inadequate evidentiary development and examinations.
The deciding factor: The August 2021 and November 2021 examiners' conclusions were not probative because they relied on the Veteran's non-credible self-reported history, which was contradicted by service treatment records and other evidence. The duty to assist includes obtaining relevant evidence, which was not accomplished.
- Claimed conditions
- Major Depressive Disorder (MDD), recurrent, moderate with anxious distress, Unspecified Disruptive, Impulse-Control Conduct Disorder, Cannabis Use Disorder, moderate, Alcohol Use Disorder, moderate, Traumatic Brain Injury (TBI), Post Traumatic Headache with Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2025
- Citation
- A25020313
Want to see how appeals like this one tend to go? Appeals like mine
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.