Citation Nr: 18143056 Decision Date: 10/17/18 Archive Date: 10/17/18 DOCKET NO. 15-45 800 DATE: October 17, 2018 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), unspecified depression disorder and anxiety disorder is granted. FINDING OF FACT The Veteran’s acquired psychiatric disorder to include PTSD, unspecified depression disorder and anxiety disorder began during active service. CONCLUSION OF LAW The criteria for an acquired psychiatric disorder to include PTSD, unspecified depression disorder and anxiety disorder have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303(a) (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1991 to July 1997 and was discharged under honorable conditions. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, which denied service connection for PTSD. The Board notes that when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled. Post service treatment records reflect diagnoses of adjustment disorder, unspecified depressive disorder, unspecified anxiety disorder, and PTSD. As such, the Board has recharacterized the issue of entitlement to service connection for an acquired psychiatric disorder, to include anxiety disorder and depression. See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). Acquired psychiatric disorder claimed as PTSD diagnosed as unspecified depressive disorder and unspecified anxiety disorder Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed.Cir. 2009). See also 38 U.S.C. § 1110 (2012); 38 C.F.R. § 3.303 (2017). The Veteran contends that he has a psychiatric disorder that is related to his service when he was in the Navy. The Veteran reported in a VA Form 21-0781 submitted in February 2012, that while serving in the Navy as a photographer, he photographed incidents on base ranging from promotions to crime scenes, including an attempted suicide of a fellow servicemember and the homicide of a toddler. The Veteran’s military personnel record confirms his tour of duty at the location of the stressors indicated, as well as his duties as a photographer. While the RO indicates that a photographer’s mate would not be responsible for crime scene photos, the Board finds the evidence of record regarding the Veteran’s employment duties is in relative equipoise. Therefore, the Board finds all reasonable doubt must be resolved in the Veteran’s favor. As such, this information establishes the occurrence of an in-service event. Post-service medical treatment records show that the Veteran has been diagnosed with PTSD, adjustment disorder, unspecified depressive disorder, and unspecified anxiety disorder. In December 2011 a VA psychologist diagnosed the Veteran with PTSD which met the DSM IV criteria and noted that stated the PTSD symptoms were related to military trauma. His records also show symptoms of insomnia and anxiety. The Veteran reports anxiety symptoms dating back to early 1997. The Veteran stated he would use alcohol in order to fall asleep, and had a DUI in 1998. A later VA examination in October 2015 stated that the Veteran does not have a current PTSD diagnosis that meets DSM 5 criteria but that the Veteran has depression, anxiety, and an alcohol use disorder, currently in sustained remission. In light of the medical evidence, the Board finds the evidence for and against a finding of whether an acquired psychiatric disorder, to include PTSD, depression and anxiety, is related to service to be at least in equipoise. Therefore, after resolving the benefit of the doubt in favor of the Veteran, the Board finds that service connection for an acquired psychiatric disorder is warranted. See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Javed, Associate Counsel