The Board remands the claims for an increased disability rating and TDIU due to a pre-decisional duty to assist error in failing to obtain relevant medical records.
The deciding factor: A remand is required to correct a pre-decisional duty to assist error by attempting to obtain missing medical records that could potentially justify a higher disability rating.
- Claimed conditions
- Posttraumatic stress disorder (PTSD), Major depressive disorder, recurrent, unspecified, with anxious distress
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2025
- Citation
- A25041283
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 service connection for PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- 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.
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