The Veteran's claim for a low back disorder and hypertension has been reopened, with the former being granted as her current diagnosis of lumbar spondylosis raises a reasonable possibility of substantiating her claim.,Her claim for service connection for an acquired psychiatric disorder (major depressive disorder) is also granted due to aggravation by her service-connected right hip and cervical spine disabilities.
The deciding factor: The Board found that the Veteran's current diagnosis of lumbar spondylosis raises a reasonable possibility of substantiating her claim of service connection for a low back disorder, as it relates to an unestablished fact necessary to substantiate the underlying claim.,The Court held in Sharp v. Shulkin that VA examiners must estimate the functional loss during flare-ups and provide this information in their opinions. The Board found that the Veteran's August 2011 VA examination did not address this issue, necessitating a new examination.
- Claimed conditions
- low back disorder, hypertension, acquired psychiatric disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2018
- Citation
- 18104642
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 18104642.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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