Citation Nr: 0812881 Decision Date: 04/18/08 Archive Date: 05/01/08 DOCKET NO. 05-21 819 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUE Entitlement to service condition for a psychiatric disorder, to include post-traumatic stress disorder (PTSD) and depression. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD K. Ahlstrom, Associate Counsel INTRODUCTION The veteran served on active duty from September 1966 to August 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan. The claim on appeal has been characterized by the RO as a claim of service connection for PTSD. Based on a review of the evidence of record, which includes multiple diagnoses of depression and a positive medical nexus opinion, the Board has recharacterized the issue as displayed above. Since the Board is granting service connection for depression, and PTSD and depression are both evaluated using the General Rating Formula for Mental Disorders, the veteran is not prejudiced by the framing of the issue in this manner. FINDING OF FACT The medical evidence of record demonstrates that the veteran has a current diagnosis of depression which is as likely as not linked to his wartime experiences in Vietnam. CONCLUSION OF LAW The veteran's depression was incurred in service. 38 U.S.C.A. §§ 1101, 1110, 5103, 5103A, 5107 (West 2002 & Supp. 2007); 38 C.F.R. §§ 3.102, 3.159, 3.303 (2007). REASONS AND BASES FOR FINDING AND CONCLUSION Notice and Assistance The veteran contends, in substance, that the veteran's PTSD and depression are the result of his experiences in Vietnam. Because the claim on appeal is being granted in full, VA's statutory duties to notify and assist are deemed fully satisfied. See 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5106, 5107, 5126 (West 2002 & Supp. 2007); see also 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326 (2007). Service Connection for a Psychiatric Disorder Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by service. 38 U.S.C.A. § 1110; 38 C.F.R. § 3.303(a). For the showing of chronic disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time. 38 C.F.R. § 3.303(b). If chronicity in service is not established, a showing of continuity of symptoms after discharge is required to support the claim. Id. Service connection may also be granted for any disease diagnosed after discharge when all of the evidence establishes that the disease was incurred in service. Service connection for PTSD requires: medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a) (conforming to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV)); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. § 3.304(f). The record contains conflicting opinions as to whether the veteran meets the DSM-IV criteria for a diagnosis of PTSD. However, the Board need not address the issue of a current PTSD diagnosis, because the evidence of record establishes that the veteran has been diagnosed with depression, and links that depression to the veteran's active service. The veteran's service medical records are absent complaints, treatment, or diagnoses of a psychiatric disorder during service. On the veteran's August 1969 separation examination, the veteran was evaluated as psychiatrically normal. On the Report of Medical History completed by the veteran in August 1969, the veteran denied ever having depression, excessive worry, or nervous trouble of any sort. Numerous post-service treatment records discuss the veteran's lengthy history of depression. A September 2000 VA treatment record revealed that the veteran had a history of depression, and was receiving psychiatric treatment from a family doctor. A September 2001 VA psychiatric treatment record notes that the veteran suffered from a long history of depression and diagnosed the veteran with depressive disorder. Private psychiatric treatment records from June 2003 to July 2006 detail the veteran's ongoing recurrent depression. The veteran underwent a VA examination in May 2005. The examiner noted that the medical records revealed that the veteran had been in treatment for depression since 1984. The veteran reported several stressful events he experienced while in service. The examiner noted that the veteran displayed some symptoms of PTSD, but that the overriding issue was the veteran's long-standing depression. The examiner provided a diagnosis of recurrent major depressive disorder, and opined that it is at least as likely as not that a portion of the veteran's depression and anxiety are linked to his wartime experiences in Vietnam. After considering all of the evidence of record, and resolving all doubt in the veteran's favor, the Board finds that the veteran's depression was incurred in service. As such, service connection is established for the depression, and this claim is granted. ORDER Service connection for depression is granted. ____________________________________________ J. A. MARKEY Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs