The Board has decided to remand the case due to a duty to assist error where VA was aware of relevant private treatment records but did not notify the appellant or request a release for these records.
The deciding factor: VA failed to notify the appellant about relevant private treatment records and request that he provide a release for these records, which is a pre-decisional duty to assist error.
- Claimed conditions
- Major depressive disorder with anxious distress
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2026
- Citation
- A26038282
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 A26038282.
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.
- Denied
The Veteran's major depressive disorder with anxious distress is rated at 30 percent, and the Board has determined that a higher rating is not warranted.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's acquired psychiatric disorders, particularly PTSD. The Veteran is seeking service connection for these conditions and related stressors.
- Granted
The Veteran's claim for service connection for major depressive disorder with anxious distress was granted effective October 29, 2019. He is currently receiving a 70% disability rating.
- Granted
The Veteran's service-connected psychiatric and substance use disabilities required inpatient treatment at a VA-approved residential treatment center (RTC) from April to June 2020, exceeding the 21-day threshold for temporary total rating. The Board granted this claim.
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