Citation Nr: 18140984 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 10-46 178 DATE: October 9, 2018 ORDER Entitlement to service connection for an acquired psychiatric disorder, diagnosed as depressive disorder, mood disorder, anxiety disorder, and PTSD, is granted. REMANDED Entitlement to service connection for a left hip condition is remanded. Entitlement to service connection for a right hip condition is remanded. FINDING OF FACT The Veteran’s acquired psychiatric disorder, diagnosed as depressive disorder, mood disorder, anxiety disorder, and PTSD, had its onset in service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, diagnosed as depressive disorder, mood disorder, anxiety disorder, and PTSD, have been satisfied. 38 U.S.C. § 1110, 1131; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from July 1981 to September 1991, service in the Southwest Asia theater of operations. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2010 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned in May 2018. The issue of entitlement to service connection for an acquired psychiatric disorder was previously before the Board in July 2015 and remanded for additional development. The Veteran contends that his psychiatric symptoms began during service in January 1982, two days after a soldier driving a scraper attempted to run over the Veteran and others, injured several people. See May 2018 Board hearing transcript, pp. 8-10. He also testified that, while in Kuwait, he witnessed a missile attack which killed five fellow soldiers that he knew personally. Id., pp. 6-7. He testified that he used alcohol to cope with his psychiatric condition. Id., p. 12; Scott v. McDonald,789 F.3d 1375 (Fed. Cir. 2015). In order to establish service connection for a present disability the claimant must show the existence of a present disability, an in-service incurrence or aggravation of a disease or injury, and a causal relationship or “nexus” between the present disability and the in-service injury or disease. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); 38 C.F.R. § 3.303. Service treatment records show that the Veteran had an anxiety attack in December 1985. In May 1987, he was diagnosed with alcohol dependence for which he completed a treatment program in service. In May 1991, the service treatment records show insomnia, mid sleep awakenings, chronic tiredness, concentration problems, and forgetfulness. During the appeal period, the Veteran’s diagnoses include depressive disorder mood disorder, anxiety disorder, and PTSD. See July 2018 Disability Benefits Questionnaire (DBQ); January 2011 through April 2018 VA treatment records; December 2010 and March 2011 evaluations by John R. Atkinson, licensed clinical psychologist. In a December 2010 private mental status examination, license clinical psychologist related the Veteran’s diagnosis of PTSD to his service. In the July 2018 DBQ, another licensed psychologist diagnosed unspecified depressive disorder and determined that the this was secondary to the Veteran’s service-connected medical issues. Additionally, the Veteran provided a June 2018 buddy statement from W.S, who has known the Veteran since 1980 and stated that the Veteran has completely changed since service. He reported that Veteran has paranoid tendencies and is hard to be around and short-tempered. Further, the record shows continuous treatment for psychiatric symptoms since service. An October 1991 record from the Social Security Administration (SSA) shows the Veteran’s affective disorder and anxiety related disorder began in January 1991. Private treatment records show dysthymia and PTSD in December 1992 and January 1993. VA treatment records and examinations show continuous symptoms of an acquired psychiatric disorder, to include varying diagnoses of depression, dysthymia, anxiety, and PTSD, since January 1993. See VA treatment records from January 1993 to December 2010; VA examinations dated September 1993, July 1995, August 1995, June 1997 VA examinations; mental health clinic record from June 1996; April 1998 private psychological evaluation; May 1998 private evaluation; treatment with United Health professionals from August 2006 to September 2007. As all three elements necessary to establish service connection have been met, service connection for an acquired psychiatric disorder, diagnosed as depressive disorder, mood disorder, anxiety disorder, and PTSD, is granted. See 38 C.F.R. § 3.303; Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). The Board acknowledges that the September 2010 and December 2017 VA examiners determined the Veteran did not have a diagnosis of an acquired psychiatric disorder. However, because the evidence is in equipoise, reasonable doubt is resolved in favor of the Veteran. 38 U.S.C. § 5107(b). REASON FOR REMAND Regarding the Veteran’s claims of entitlement to service connection for a left and right hip condition, the Veteran submitted a timely March 2018 notice of disagreement with a January 2018 rating decision, but a statement of the case has not yet been issued. A remand is required for the AOJ to issue a statement of the case. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The matter is REMANDED for the following action: Issue a statement of the case that addresses entitlement to service connection for a left and right hip condition. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Samuelson, Counsel