Citation Nr: 18145461 Decision Date: 10/29/18 Archive Date: 10/29/18 DOCKET NO. 16-38 847 DATE: October 29, 2018 ORDER Service connection for an acquired psychiatric disorder to include depression is denied. FINDING OF FACT The preponderance of the evidence fails to support a diagnosis of an acquired psychiatric disorder for which service connection is available. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder have not been met. 38 U.S.C. §§ 1131; 5107(b); 38 C.F.R. §§ 3.102; 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty in the Navy from June 1979 to October 1980. This matter is on appeal to the Board of Veterans’ Appeals (Board) from an October 2015 rating decision of a regional office of the Department of Veterans Affairs (VA). Service Connection for an Acquired Psychiatric Disorder Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Establishing service connection generally requires competent evidence of three things: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship, i.e., a nexus, between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran essentially contends that his unpleasant experience of contracting gonorrhea while on active duty and the ships delayed treatment caused his depression. See Notice of Disagreement dated March 2016 and Informal Hearing Presentation dated December 2016. Upon review of the evidence of record, the Board finds the weight of the evidence is against the finding of a present psychiatric condition for which entitlement for service connection can be established. In so finding, the Board notes that the existence of a current disability is the cornerstone of a claim for VA disability compensation. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Specifically, service connection requires a showing of a current disability. A current disability is shown if the claimed condition is present at the time of the claim or during the pendency of that claim. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). Here, the evidence does not indicate a diagnosis of an acquired psychiatric disorder to include depression at any point during the course of this appeal. Contemporaneous VA treatment records do not demonstrate treatment for a psychiatric disorder. See Lexington VA medical center records of June 2013 through February 2015. In fact, progress notes reflect negative depression and posttraumatic stress disorder screenings in July 2013 and October 2014. Further, the Board observes that the Veteran’s service treatment records are also negative for any complaints, treatment, or diagnosis of a psychiatric condition in service. He had a normal clinical evaluation at separation with no symptoms of any mental condition reported by the Veteran. See Report of Medical Examination dated October 1980. Therefore, the Board finds that the record is absent for a current disability for which entitlement for service connection can be established. Significantly, neither the Veteran nor his representative has presented or identified a medical opinion that supports the claim. Thus, the Board finds persuasive the absence of competent medical evidence to substantiate a claim for service connection in this case. To the extent that the Veteran claims he has a current psychiatric disorder to include depression that manifested in service, his lay assertions are not considered competent medical evidence. As a lay person, the Veteran has not demonstrated that he has any medical expertise to make such an opinion or render a diagnosis for a complex etiological question such as diagnosing a psychiatric disorder or determining its etiology. See Bostain v. West, 11 Vet. 124, 127 (1998). The Board notes that although the Veteran is competent to report symptoms, he does not have medical expertise and therefore cannot provide a competent opinion regarding diagnosis or causation of his claimed psychiatric disability. As such, his lay assertions are insufficient to provide the requisite medical diagnosis. Absent a current disability for which entitlement for service connection can be established, the Board finds there can be no valid claim. Brammer, 3 Vet. App. at 225. Accordingly, service connection is not warranted. (Continued on the next page) Based on a review of the foregoing evidence and the applicable laws and regulations, the Board finds that the preponderance of the evidence is against the Veteran’s claim for service connection for an acquired psychiatric disorder. The benefit-of-the-doubt doctrine is not for application, and the claim must be denied. See 38 U.S.C.§ 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. An, Associate Counsel