Citation Nr: 18145445 Decision Date: 10/29/18 Archive Date: 10/29/18 DOCKET NO. 16-23 201 DATE: October 29, 2018 ORDER The appeal as to the claim of entitlement to service connection for major depressive disorder (MDD), to include as secondary to the service-connected post-operative ovarian cyst and/or claimed residuals of status post total abdominal hysterectomy and bilateral oophorectomy, is granted. FINDING OF FACT The Veteran’s current MDD is etiologically related to her service-connected status post ovarian cyst. CONCLUSION OF LAW The criteria for establishing entitlement to service connection for MDD have been met. 38 U.S.C. §§ 1110, 1131, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.310 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the United States Navy from March 1989 to April 1995. Her service was under honorable conditions. This matter is on appeal from a June 2013 rating decision. Although the March 2016 Statement of the Case addressed the Veteran’s disagreement with the denial of entitlement to service-connection for status post total abdominal hysterectomy and bilateral oophorectomy, the Veteran specifically limited her substantive appeal to the issue of service connection addressed herein in her May 2016 appeal to the Board (VA Form 9). Service Connection Service connection is granted for disability resulting from disease or injury incurred in or aggravated by active duty. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303 (d). A disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition. 38 C.F.R. § 3.310(a) (2018). This includes any increase in severity of a nonservice-connected disease that is proximately due to or the result of a service-connected disability as set forth in 38 C.F.R. § 3.310(b). See also Allen v. Brown, 7 Vet. App. 439 (1995) (en banc). A claimant is also entitled to service connection on a secondary basis when it is shown that a service-connected disability aggravates a nonservice-connected disability. 38 C.F.R. § 3.310; Allen, 7 Vet. App. at 439. Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary. The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518, 519 (1996), citing Gilbert, 1 Vet. App. at 54. Entitlement to service connection for major depressive disorder, to include as secondary to the service connected post-operative ovarian cysts and/or claimed residuals of post status post total abdominal hysterectomy and bilateral oophorectomy. The Veteran contends that her current MDD is related to service, and in the alternative to her service-connected post-operative ovarian cyst, and/or residuals of a total abdominal hysterectomy. Service treatment records are negative for complaints of, treatment for, or a diagnosis of an acquired psychiatric disorder, to include MDD. Following service, the Veteran’s original claim for VA compensation for MDD was received in July 2010. Post-service treatment records include May 2013 and February 2016 VA examination reports. The May 2013 VA examiner found that the Veteran’s current depression was related to the service-connected status post-ovarian cyst, noting that subsequent to the inservice surgery, the Veteran experienced hormone imbalance, self-esteem issues, the disruption of her marriage, and ultimately, the inability to have more children as planned. The February 2016 VA examiner noted a current diagnosis of persistent depressive disorder. Upon examination and “careful” review of the record, the examiner opined that the Veteran’s symptoms of depression began in 1990, soon after entrance into service. The examiner further noted that the Veteran’s symptoms became notably more severe in 2001 after her second surgery (hysterectomy). The Board finds that the evidence of record supports a grant of service connection for MDD due to the service-connected status post-ovarian cyst. The clinical evidence of record establishes that the Veteran has a current diagnosis of MDD in May 2013. Further, the Board finds the Veteran’s statements concerning the nature of her symptoms and onset after her ovarian surgery, to be competent and credible. Moreover, the May 2013 and February 2016 VA opinions are presented as in support of the Veteran’s claim. Accordingly, secondary service connection for MDD is warranted. As such, the benefit of the doubt must be resolved in the favor of the Veteran. Accordingly, entitlement to service connection for MDD is warranted. B. MULLINS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Sara Schinnerer, Counsel