The appeal of the finding of a duty to assist (DTA) error during higher-level review (HLR) for an acquired psychiatric disorder and the February 26, 2024 VA letter informing the Veteran that he must use the proper Appeals Modernization Act (AMA) form for readjudication of his claim of entitlement to service connection for sinusitis were dismissed. The appeal of service connection for sinusitis and spine-related paresthesia was denied, while claims for other conditions were remanded.
The deciding factor: The decision was based on the lack of evidence showing current diagnoses of the claimed disabilities during the period on appeal, as well as pre-decisional errors in VA's duty to assist.
- Claimed conditions
- PTSD, Insomnia, Adjustment Disorder with Anxiety and Depression, Bipolar Disorder, Eating Disorder, Sinusitis, Spine-related Paresthesia, Scar Disability, Herpes Simplex, Type II, Fatigue, Migraine Headaches, Right Hand Strain, Right Hand Boxer's Knuckle, Right Hand Finger Deformity, and Right Ring Finger Sprain (Right Hand and Finger Disabilities)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2025
- Citation
- A25036205
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Denied
The Board denied service connection for an acquired psychiatric disorder, including PTSD, as the Veteran did not have a diagnosis of PTSD or any other psychiatric disorder during the appeal period.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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