Citation Nr: 0813002 Decision Date: 04/18/08 Archive Date: 05/01/08 DOCKET NO. 05-16 110 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUE Entitlement to service connection for an acquired psychiatric disorder, to include anxiety and depression. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD Anthony M. Flamini, Associate Counsel INTRODUCTION The veteran served on active duty from March 1971 to March 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2003 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky, which denied the benefit sought on appeal. The veteran presented testimony at a Travel Board hearing chaired by the undersigned Acting Veterans Law Judge in May 2006. A transcript of the hearing is associated with the veteran's claims folder. In his August 2006 statement, the veteran requested the opportunity to testify at another Board hearing. The Board denied this request. FINDING OF FACT Resolving all reasonable doubt in his favor, the medical evidence indicates that his acquired psychiatric disorder, bipolar disorder, is related to service. CONCLUSION OF LAW Bipolar disorder was aggravated by active duty. 38 U.S.C.A. §§ 1110, 1111, 1153, 5107(b) (West 2002); 38 C.F.R. §§ 3.102, 3.303, 3.306 (2007). REASONS AND BASES FOR FINDING AND CONCLUSIONS Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a pre-existing injury suffered or disease contracted in line of duty. 38 U.S.C.A. § 1131; 38 C.F.R. § 3.303. In addition, for certain chronic diseases, such as psychoses, a presumption of service connection arises if the disease is manifested to a degree of 10 percent within a prescribed period following discharge from service; the presumptive period for psychoses is one year. 38 U.S.C.A. § 1112; 38 C.F.R. §§ 3.307, 3.309. The one-year presumption applies both to conditions that pre- dated the veteran's entry into service, and to those that were first diagnosed subsequent to service separation. See Splane v. West, 216 F.3d 1058, 1068-69 (Fed. Cir. 2000). Regulations also provide that service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C.A. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). The veteran asserts that his acquired psychiatric condition preexisted service, but that his military service aggravated the condition. Specifically, he reports that he was accused of sexual improprieties in service and discharged, which exacerbated his feelings of depression and anxiety. He further alleges that a "gay code" was placed in his personnel files, which has prevented him from obtaining employment later in life. In his January 1971 Report of Medical History at induction, the veteran reported that he never suffered from depression, excessive worry, or nervous trouble of any sort. His induction examination report indicated that his psychiatric state was within normal limits. Similarly, the veteran reported in his February 1975 Report of Medical History at separation that he never suffered from depression, excessive worry, or nervous trouble of any sort. His separation examination also indicated that his psychiatric state was normal. His service personnel records do not reveal evidence of the alleged sexual impropriety charges. Post-service medical records reveal that the veteran was diagnosed with bipolar disorder in 2003. He was afforded a VA mental disorders examination in July 2007, in which the examiner diagnosed him with bipolar disorder exacerbated by alcohol dependence and assigned him a Global Assessment of Functioning (GAF) score of 40. Delusional disorder, anxiety disorder, and obsessive-compulsive disorder were ruled out. The July 2007 examiner opined that any current psychiatric disorder was at least as likely as not aggravated by the veteran's military service. This was because his current condition was far different than the psychiatric state indicated in his military personnel evaluations; and, although it is unclear when his mental disorder manifested, the Fourth Edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM- IV) indicates the typical age of onset of bipolar disorder for both men and women is age 20. In light of the foregoing, and in the absence of any contradictory medical evidence, the Board finds that service connection is warranted for this disability. As provided for by the Veterans Claims Assistance Act of 2000 (VCAA), VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2007); 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a) (2007). In this case, the Board is granting in full the benefit sought on appeal. Accordingly, assuming, without deciding, that any error was committed with respect to either the duty to notify or the duty to assist, such error was harmless and will not be further discussed. ORDER Service connection for an acquired psychiatric disorder is granted. ____________________________________________ STEVEN D. REISS Acting Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs