The appeal to reduce the Veteran's evaluation for a recurrent moderate major depressive disorder with anxious distress and a bipolar II disorder is dismissed. The Board finds that the AOJ did not provide proper notice of his right to a hearing before VA issued the rating decision on appeal.
The deciding factor: The Veteran was not provided with proper notice of his right to a pre-decisional hearing before the AOJ issued the rating decision on appeal, as required by regulation.
- Claimed conditions
- recurrent moderate major depressive disorder with anxious distress, bipolar II disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2026
- Citation
- A26008244
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A26008244.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bipolar II disorder, posttraumatic stress disorder, and generalized anxiety disorder are granted a disability rating of 70 percent. The claim for an increased rating for scoliosis is remanded.
- Remanded (sent back)
The Board has decided to remand the case due to procedural issues and the need for additional medical opinions regarding the Veteran's acquired psychiatric disorder.
- Granted
The Veteran's claims for service connection for bipolar II disorder, a left elbow disorder, and tinnitus have been granted. The claim for TDIU is also remanded.
- Granted
The Board has granted service connection for an acquired psychiatric disability, including posttraumatic stress disorder and bipolar disorders. The evidence supports the conclusion that these conditions are related to the Veteran's military service.
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