The Veteran's claims of an earlier effective date for a 70 percent evaluation for adjustment disorder with chronic depressed mood and eligibility for Dependents' Educational Assistance (DEA) are remanded due to a duty-to-assist error in failing to obtain his private treatment records from Dr. D.P.
The deciding factor: The Board found that the AOJ did not make reasonable efforts to obtain VA treatment records or relevant federal or private treatment records, particularly those related to the Veteran's psychotherapy with Dr. D.P.
- Claimed conditions
- Adjustment Disorder with Chronic Depressed Mood
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2026
- Citation
- A26032981
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 A26032981.
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 Veteran's adjustment disorder with chronic depressed mood has been granted a disability rating of 70 percent, but not higher, throughout the period on appeal.
- Denied
The Veteran's claim for a rating in excess of 70 percent for adjustment disorder with chronic depressed mood has been denied. The Board found that the symptoms did not meet the criteria for a 100% disability rating, which would be required to grant such a higher rating.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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