The Board remanded the case for the RO to determine whether service personnel records received in March and April 1997 were newly added and relevant, and if so, whether reconsideration of the October 1996 claim for service connection for a psychiatric disorder is warranted under 38 C.F.R. § 3.156(c). The CUE motion is premature and will be addressed after the reconsideration determination is made.
The deciding factor: The Board found the RO failed to address whether reconsideration was warranted based on service personnel records received after the January 1997 rating decision, which documented the Veteran's psychiatric diagnosis and discharge, constituting a pre-decision duty to assist error.
- Claimed conditions
- psychiatric disorder, nervous condition, major depressive disorder, single episode
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- A25036995
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.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Partly granted
The Board granted service connection for right and left hip degenerative arthritis as secondary to the Veteran's service-connected right ankle and knee conditions, and major depressive disorder as secondary to his service-connected knee and ankle conditions. The Board also granted a 10 percent rating for allergic rhinitis.
- Granted
The Board granted service connection for major depressive disorder as secondary to the Veteran's service-connected tinnitus.
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