Citation Nr: 18146967
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 14-22 014
DATE:	November 2, 2018
ORDER
Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder (MDD) as secondary to a service-connected back disability, is granted.
FINDING OF FACT
The evidence supports the finding that a current acquired psychiatric disorder was secondarily caused by his service-connected back disability.
CONCLUSION OF LAW
The criteria for service connection for an acquired psychiatric disorder, to include major depressive disorder (MDD, as secondary to service-connected back disability, have been met. 38 U.S.C. §§ 1101, 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.310, 4.125.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from May 1985 to December 1985.
The Board finds that the Veteran’s psychiatric disorder, including MDD, is caused by his service-connected back disability. 38 C.F.R. § 3.310(a). The claims file includes a VA psychiatric consult note from August 2010 that the Veteran’s Axis I diagnosis included adjustment disorder with depressed mood due to back pain. That same examiner noted in a December 2010 mental health treatment note that the Veteran suffers depression secondary to back pain. The August 2010 and December 2010 VA examinations are probative as to the etiology of the Veteran’s current depression because of the doctors’ ongoing treatment contact with the Veteran. Furthermore, while the Veteran underwent an VA examination in April 2011, the examiner did not provide a medical opinion regarding the etiology of the Veteran’s MDD because there was no diagnosis of a psychiatric disorder. In fact, the claims file does not include any competent medical opinions indicating that the Veteran’s MDD was not caused or aggravated by his service-connected back disability. As such, this is not an equipoise situation. Rather, the claim is granted because it is supported by the preponderance of the relevant evidence. Id.  

 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Banks, Associate Counsel