The Veteran's acquired psychiatric disorder (claimed as depression) and bilateral lower extremity radiculopathy are granted service connection, with the Board finding that these conditions are at least as likely as not related to his service-connected back disability. The neck disorder claim is remanded for further examination.
The deciding factor: The VA examiners' opinions were inadequate in addressing whether the Veteran's neck disorder was aggravated by his service-connected back disability due to his reported use of unnatural postures and contortions, which cause additional neck pain and abnormal gait.
- Claimed conditions
- acquired psychiatric disorder (claimed as depression), bilateral lower extremity radiculopathy, neck disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20001053
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as higher levels of special monthly compensation.
- Remanded (sent back)
The Board remands the claims for service connection for a neck disorder, hair loss, PTSD, bilateral foot disorder, bilateral arm numbness, and restless body syndrome due to pre-decisional duty to assist errors.
- Denied
The Board denied service connection for right ankle, left ankle, low back, neck disorders and obstructive sleep apnea (OSA) as there was no evidence of a current disability or that the claimed conditions were related to the Veteran's military service.
- Denied
The Board denied service connection for hypertension, a right knee disorder, a left knee disorder, a neck disorder, and chronic fatigue. The claims for obstructive sleep apnea, headache disorder, and an acquired psychiatric disorder were remanded.
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