The Board remands the claims for service connection for an acquired psychiatric disorder and epilepsy/seizure disorder due to a pre-decisional duty-to-assist error.
The deciding factor: There is no adequate medical opinion of record, and the AOJ's reliance on an inadequate medical opinion is a pre-decisional duty to assist error.
- Claimed conditions
- Post-traumatic stress disorder, Bipolar disorder, Unspecified personality disorder with opioid use and alcohol use disorder, Major depressive disorder, Mood disorder, Epilepsy and seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2025
- Citation
- A25030232
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.
- 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.
- Denied
The Board denied an effective date earlier than April 9, 2024, for the assignment of a 70 percent evaluation for insomnia disorder with generalized anxiety disorder and major depressive disorder.
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