The Court vacated and remanded the Board’s decision denying the veteran a higher rating for a service-connected mental health condition and service connection for a cervical spine disorder. The Secretary agreed the Board failed to account for more severe mental health symptoms reported by VA’s own medical examiner. And we were finally able to correct years of VA mischaracterizing the veteran’s back claim. As early as 2014 the veteran filed a claim for “spine trauma.” In support, he submitted medical records showing a cervical spine condition. VA, to date, has never considered this claim but instead denied service-connection for a thoracolumbar back condition. This is despite the fact that the veteran never once claimed his lower back has a service-connected injury. We were happy to get this result for our client and look forward to VA finally seeing his upper back claim for what it is.
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