The Board granted compensation under 38 U.S.C. § 1151 for a neck injury with nerve damage and service connection for an acquired psychiatric disability, to include anxiety and depression, as secondary to the neck injury.
The deciding factor: The private medical opinion provided by Dr. M.R. was deemed more probative than the VA examiner's opinion, leading to the conclusion that the Veteran's additional disability was not reasonably foreseeable and that his psychiatric conditions were related to the neck injury with nerve damage.
- Claimed conditions
- neck injury with nerve damage, anxiety and depression
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2025
- Citation
- A25038388
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 service connection for all the conditions listed as there was no evidence of an in-service event, nor is there evidence demonstrating a nexus to service.
- Granted
The Board granted service connection for anxiety and depression, finding it is at least as likely as not due to the Veteran's service-connected disabilities.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for the Veteran's cause of death, for purposes of entitlement to dependency and indemnity compensation (DIC), as further development is necessary.
- Dismissed
The veteran's appeal for service connection and disability rating was dismissed due to untimely filing.
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