Citation Nr: 18147574 Decision Date: 11/05/18 Archive Date: 11/05/18 DOCKET NO. 15-06 441A DATE: November 5, 2018 ORDER Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) and depression, is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran has an acquired psychiatric disability, to include PTSD and depression, due to an in-service event, injury, or disease. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disability, to include PTSD and depression, have not been met. 38 U.S.C. §§ 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1975 to May 1976. The Veteran is appealing an April 2005 rating decision that denied service connection for PTSD. When this matter initially came before the Board, the Board addressed other disabilities at issue, but did not specifically address the Veteran’s claim for service connection for PTSD. As a result, in a December 2013 decision, the U.S. Court of Appeals for Veterans Claims (CAVC) remanded the case so that the Board could consider the Veteran’s PTSD claim. A Travel Board hearing was scheduled for October 26, 2017. However, the Veteran failed to appear for the scheduled hearing, and his hearing request is therefore considered withdrawn. 38 C.F.R. § 20.704(d) (2018). Duty to notify and assist The Veteran has not raised any issues with the duty to notify. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board . . . to search the record and address procedural arguments when the veteran fails to raise them before the Board”). The Board also finds that the duty to assist requirements have been fulfilled. All relevant, identified, and available evidence has been obtained, and VA has notified the appellant of any evidence that could not be obtained. Although a VA examination was not provided in connection with the PTSD claim, the Board finds that the record does not call for one. See 38 C.F.R. § 3.159(c)(4) (2018). In this case, as discussed below, there is simply no indication that the Veteran experiences any psychiatric disability, to include PTSD, that is related to his time in service. As such, VA is not required to afford the Veteran an examination as to this claim, and therefore, VA has no duty to inform or assist that was unmet. Duenas v. Principi, 18 Vet. App. 512, 517 (2004). See also McLendon, 20 Vet. App. at 84-86 (with no indication that a disability or persistent or recurrent symptoms of a disability may be associated with the service or another service-connected disability, claim may be denied where claimant’s submissions are insufficient to grant benefits or trigger duty to assist). The Veteran has not referred to any additional, unobtained, relevant, available evidence. Thus, the Board finds that VA has satisfied the duty to assist. No further notice or assistance to the Veteran is required to fulfill VA’s duty to assist in development. Smith v. Gober, 14 Vet. App. 227 (2000); Dela Cruz v. Principi, 15 Vet. App. 143 (2001); Quartuccio v. Principi, 16 Vet. App. 183 (2002). Service Connection To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). 1. Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) and depression The Veteran claimed he had PTSD as a result of service, but the evidence of record suggests that he has been diagnosed with depression. As such, the Board has re-characterized the Veteran’s claim as one for an acquired psychiatric disability, to include PTSD and depression. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). The question before the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that, while the Veteran has a current diagnosis of depression, the preponderance of the evidence weighs against finding that the Veteran’s depression began during service or is otherwise related to an in-service injury, event, or disease. 38 U.S.C. §§ 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d). Service treatment records reflect no evidence of any psychiatric condition while in service. The April 1976 exit Report of Medical Examination reflects the Veteran had a normal psychiatric examination with no defects or diagnosis noted. A companion April 1976 exit Report of Mental Status Evaluation reflects the Veteran’s behavior was normal; he was fully oriented; fully alert; had a level mood; was thinking clear; had normal thought content; and, his memory was good. No psychiatric diagnosis was assigned at that time. VA treatment records do not reflect a diagnosis of PTSD. Although the Veteran had positive screenings for PTSD in 2005 and 2006, there is no documentation of diagnosis or treatment, and subsequent screening tests for PTSD in 2011 and 2012 were negative. The Board also notes that in a January 2005, the Veteran reports his stressors as “fell down, legs gave out during physical training. Dock work. Lifting and bending heavy shipping, loading and unloading. Fell off dock with pain in pancreas with liver damage.” The Board finds that this statement does not provide sufficient stressor information that would support a diagnosis of PTSD. VA treatment records do show the Veteran was diagnosed with depression, decades after his separation from service in May 1976. A December 2006 letter from a physician at the Philadelphia VAMC notes a past medical history of depressive disorder. A May 2012 note from a psychiatrist states “the Veteran continues to endorse symptoms of depression (insomnia, rumination, anhedonia, irritability, pessimism, isolation), but today presents more positively than I have seen him before - less irritable, less angry. Declines anti-depressant at this time, and discontinued the Zoloft he was started on at his last appointment.” An August 2015 record reflects the Veteran’s “Problem List” includes depression. However, none of these records provide a nexus or link between the Veteran’s depression and his service. As such, the Board concedes a diagnosis of depression, but notes that there is simply nothing in the record that suggests the Veteran’s depression is related to service. The Veteran’s Social Security Administration (SSA) records are associated with the claims file. An April 2004 record reflects the SSA determined the Veteran suffered from degenerative disc disease of the lumbar spine, bilateral L5-S1 radiculopathy, degenerative joint disease of both knees, and chronic hepatitis C. However, the Board notes that there is no mention of a psychiatric disability in these SSA records. While the Veteran is competent to report having experienced symptoms of an acquired psychiatric disability since service, he is not competent to provide a diagnosis, or to determine that these symptoms were manifestations of a psychiatric disability. The issue is medically complex, as it requires knowledge of interpretation of complicated diagnostic medical testing. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). As such, the Board finds that, other than the Veteran’s unsupported contentions, there is simply no evidence in the record of any etiological relationship between the Veteran’s acquired psychiatric disability, diagnosed as depression, and his time in service. Further, there is simply no mention in the record of a relationship between the Veteran’s service and his current depression, or any other competent evidence to suggest an etiological relationship between the Veteran’s service and his current depression. Thus, the criteria for service connection for an acquired psychiatric disability, to include PTSD and depression, have not been met. The evidence weighs against the Veteran’s claim. Service connection for an acquired psychiatric disability, to include PTSD and depression, must be denied. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). CAROLINE B. FLEMING Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Jiggetts, Associate Counsel