Citation Nr: 18144545 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 16-16 826 DATE: October 25, 2018 ORDER Service connection for an acquired psychiatric disorder, to include depression, is granted. FINDING OF FACT The Veteran’s current psychiatric disorder, to include depression, had its onset in service. CONCLUSION OF LAW An acquired psychiatric disorder, to include depression, was incurred in active duty service. 38 U.S.C. §§ 1110, 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Board notes that the Veteran filed two separate claims, one for anxiety and the other for depression. As both claims involve a psychiatric disorder and the record indicates a current diagnosis for only major depressive disorder, the issues have been restyled as an acquired psychiatric disorder, to include depression. The Veteran testified before the undersigned Veterans Law Judge in an October 2018 Travel Board hearing. Generally, to prove service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. See, e.g., Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). In deciding 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. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). A November 2013 VA examination indicates a diagnosis of major depressive disorder. As such, the medical evidence of record shows a current diagnosis, so the question before the Board is whether such disability is related to service. The Veteran provided competent and credible testimony during the hearing. She also provided very detailed statements that are part of the file. She stated that the onset of the psychiatric disorder symptoms occurred while she was in service. She reported that she sought treatment in service from medical personnel as well as a spiritual advisor. She described her symptoms as anger, depression, having trouble sleeping for more than 3 hours a night, lacking a desire for healthy living or a desire for any kind of relationship. She stated that she becomes so angry at times that she has the feeling of committing physical violence against others, as a result of their suggestion that she takes a shower that day. She also described her struggle with thoughts such as “sometimes I think it would be better not to be here…” After service the symptoms continued, adding that she feels embarrassed and scared around people, that she does not have any friends, that she goes days without getting out of bed or brushing her teeth, and that she constantly has thoughts of hurting herself. According to the Veteran’s cousin, the Veteran’s personality and behavior changed upon her return from service. She stated that the Veteran would talk and scream in her sleep, would often stay hidden away in her room, and would lay on the floor and stare at the ceiling. She also stated that the Veteran would never wash her own clothes, would not cook, and would barely eat. Lastly, she described a young woman who enjoyed life, was active and played sports, and had many friends, who after serving in the military, refrained from any intimate relationships. An August 2009 service treatment record indicates normal psychiatric health. The Veteran served between December 2009 and July 2010. July 2010 service treatment records indicate a diagnosis of adjustment disorder with mixed anxiety and depressed mood, and show that the Veteran was treated by psychiatric medical staff and left service because of an inability to adjust to Navy life. The November 2013 VA examiner opined that the Veteran’s depression is not related to service. The rationale provided was that the service treatment records at entrance and separation checked “No” for psychiatric symptoms, with the only reference to mental health being “unable to adjust to navy life.” The Board does not place much probative weight on this opinion, as it relies on an inaccurate factual premise and fails to consider the Veteran’s in-service diagnosis. As shown above, there is a service treatment record that shows a diagnosis of adjustment disorder with mixed anxiety and depressed mood as well as a service treatment record the clearly states the Veteran underwent psychiatric treatment and that she was “being separated for inability to adjust to life in the Navy.” There are service treatment records that indicate a psychiatric diagnosis and symptoms related to a psychiatric diagnosis. The Veteran testified that she first experienced symptoms of a psychiatric disorder while in service. The Veteran provided competent and credible testimony regarding her symptoms of a psychiatric disorder. The Veteran also provided detailed, competent statements describing her psychiatric disorder symptoms. The statement from the Veteran’s cousin is also competent and credible. The cousin stated that she observed the onset of the symptoms as occurring immediately after service. The Board finds the testimony and statements to be of high probative value. Given that, and that there otherwise appears to be no material dispute that the Veteran’s current psychiatric disorder is a continuation of the symptoms deemed to have first manifested during service, it may be reasonably concluded that depression was incurred in service. Therefore, service connection is warranted. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Talamantes, Associate Counsel