Citation Nr: 1004402 Decision Date: 01/29/10 Archive Date: 02/16/10 DOCKET NO. 06-06 416 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Buffalo, New York THE ISSUE Entitlement to service connection for a psychiatric disorder, to include generalized anxiety disorder and depression. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Tahirih S. Samadani, Associate Counsel INTRODUCTION The Veteran served on active duty from January 1969 to August 1970. This case comes before the Board of Veterans' Appeals (Board) on appeal from a June 2005 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Buffalo, New York, which denied service connection for posttraumatic stress disorder (PTSD). FINDINGS OF FACT The Veteran's psychiatric disorder is related to his military service. CONCLUSION OF LAW A psychiatric disorder, to include generalized anxiety disorder and depression, was incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1112, 1113, 5103, 5103A, 5107 (West 2002 & Supp. 2009); 38 C.F.R. §§ 3.159, 3.303, 3.307, 3.309 (2009). REASONS AND BASES FOR FINDINGS AND CONCLUSION I. Duties to Assist and Notify The Veterans Claims Assistance Act of 2000 as amended (VCAA) and implementing regulations impose obligations on VA to provide claimants with notice and assistance. 38 U.S.C.A. §§ 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2009); 38 C.F.R §§ 3.102, 3.156(a), 3.159, 3.326(a) (2009). Since the Board is granting the claim for service connection for a psychiatric disorder, the claim is substantiated, and there are no further VCAA duties. Wensch v. Principi, 15 Vet App 362 (2001); see 38 U.S.C.A. § 5103A(a)(2) (Secretary not required to provide assistance "if no reasonable possibility exists that such assistance would aid in substantiating the claim"); see also VAOPGCPREC 5-2004; 69 Fed. Reg. 59989 (2004) (holding that the notice and duty to assist provisions of the VCAA do not apply to claims that could not be substantiated through such notice and assistance). II. Legal Criteria Service connection may be granted for any current disability that is the result of a disease contracted or an injury sustained while on active duty service. 38 U.S.C.A. §§ 1110, 1131 (West 2002 & Supp. 2009); 38 C.F.R. § 3.303(a) (2009). Service connection may also be granted for a disease diagnosed after discharge, where all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d) (2009). The elements of a valid claim for service connection are as follows: (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in- service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in- service disease or injury and the current disability. Hickson v. West, 12 Vet. App. 247, 253 (1999). 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, as distinguished from merely isolated findings or a diagnosis including the word "chronic." On the other hand, continuity of symptomatology is required where the condition noted during service is not, in fact, shown to be chronic, or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim. 38 C.F.R. § 3.303(b). In order for a claim for service connection for PTSD to be successful, there must be: (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); (2) a link, established by medical evidence, between the current symptoms and an in-service stressor; and (3) credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. § 3.304(f). If VA determines that the veteran engaged in combat with the enemy and his alleged stressor is combat-related, then his lay testimony or statement is accepted as conclusive evidence of the stressor's occurrence and no further development or corroborative evidence is required, provided that such testimony is found to be consistent with circumstances, conditions, or hardships of service. Id., See 38 U.S.C.A. § 1154(b); Cohen at 146-47; Zarycki at 98; 38 C.F.R. § 3.304(f). III. Analysis The Veteran originally filed a claim for service connection for posttraumatic stress disorder. The United States Court of Appeals for Veterans Claims (the Court) has held that when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled. Clemons v. Shinseki, 23 Vet. App. 1 (Feb. 17, 2009). In this case, the Veteran has been diagnosed with anxiety disorder and depression, rather than posttraumatic stress disorder. Although subclinical PTSD has been noted in the Veteran's treatment records, no actual diagnosis of PTSD has ever been given. The Veteran apparently only experiences some symptoms of PTSD. The Veteran and his representative claim that Veteran's current psychiatric disorder is due to traumatic events that he experienced during his military service. As the evidence shows a current diagnosis of generalized anxiety disorder (as well as an occasional diagnosis of depression), the question now turns to whether the Veteran's current psychiatric disability is related to his service. After a full examination of the Veteran in December 2004, a VA psychologist diagnosed the Veteran with generalized anxiety disorder and subclinical PTSD. She assured the Veteran that his symptoms were not due to chemical exposure during Vietnam, but instead to stress. The Veteran described several stressful memories that he experienced in Vietnam, which included stopping a rape from occurring and a walking into a hostage situation. Due to the consistency of the Veteran's reports of these stressful experiences to his psychologists and to the RO, the Board finds the Veteran's statements to be credible. As the Veteran has a current disability and a nexus linking this disability to events and incidents in service, service connection is warranted for the Veteran's psychiatric disorder, which includes generalized anxiety disorder and depression. Therefore, in resolving all reasonable doubt in the Veteran's favor, service connection for his psychiatric disorder is granted. ORDER Service connection for a psychiatric disorder, to include generalized anxiety disorder and depression, is granted. ____________________________________________ CHERYL L. MASON Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs