The Board remands the claims for service connection for an acquired psychiatric disability and residuals of a traumatic brain injury to correct a pre-decisional duty to assist error, specifically regarding obtaining relevant Social Security Administration (SSA) records.
The deciding factor: The AOJ has a duty to assist claimants in obtaining evidence needed to substantiate a claim, which includes obtaining relevant SSA records. The failure to do so constitutes a pre-decisional duty to assist error that must be corrected.
- Claimed conditions
- Post-traumatic stress disorder (PTSD), Major depressive disorder (MDD), Residuals of a traumatic brain injury (TBI)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2025
- Citation
- A25026948
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.
- Partly granted
The Board granted service connection for residuals of a traumatic brain injury and special monthly compensation based on the need of regular aid and attendance, while remanding the issue of service connection for a seizures disorder.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.
- Partly granted
The Board granted service connection for degenerative joint disease of the right hip, left hip, and left shoulder, as well as PTSD. The claim for a higher rating for the right knee scar was denied.
- Dismissed
The Board dismissed the claims for service connection for various disabilities, including bilateral hearing loss, right knee, right hand, left knee, right ankle, and residuals of a traumatic brain injury due to untimely appeals or lack of evidence supporting current disability.
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