Citation Nr: 18150958 Decision Date: 11/19/18 Archive Date: 11/16/18 DOCKET NO. 15-03 566 DATE: November 19, 2018 ORDER Entitlement to service connection for bipolar disorder with depression is granted. FINDING OF FACT The Veteran’s bipolar disorder with depression began in service. CONCLUSION OF LAW The criteria for service connection for bipolar disorder with depression have been met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty from January 1985 to June 1986 and from February 2003 to January 2004. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico. In January 2015, the Veteran requested a hearing before a Veterans Law Judge at his local VA office, but in March 2018, he withdrew his hearing request. In August 2018, the Veteran requested an extension until November 5, 2018, which has been granted.. Bipolar Disorder with Depression. The Veteran seeks service connection for a psychiatric disorder, which he asserts began in 2003, during active military service. See, e.g., Affidavit (November 5, 2018). Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Indeed, service treatment records show that the Veteran reported suicidal ideation, that he wanted to go home, and that he felt very anxious, isolated, and agitated. At that time, the treating clinician assessed adjustment disorder versus anxiety disorder. See Service treatment records (July 11, 2003). The Veteran reports that his in-service symptoms of anxiety, mood swings, irritability, and impulsiveness have been recurrent since service and worsened in severity. See, e.g., Affidavit (November 5, 2018). He explains that such symptoms were the catalyst to a post-service divorce, which made him realize he needed mental health treatment. Id. In November 2018, the Veteran submitted a medical article, which shows that the symptoms he reported during service may support a diagnosis of bipolar disorder. In March 2013, a VA examiner opined that the Veteran does not have a current psychiatric disorder related to service. The examiner acknowledged the Veteran’s in-service mental health problems, but found that he did not have a current psychiatric disorder at the time of the examination. Since the March 2013 VA medical opinion, the Veteran has submitted private records showing bipolar disorder at least since January 29, 2008. Additionally, VA treatment records show bipolar disorder as early as May 25, 2016, and depression as early as July 13, 2017. It is undisputed that the Veteran has had a current diagnosis of bipolar disorder with depression throughout the appeal and that he experienced symptoms of the same in service. Accordingly, this case turns on whether his current disorder is related to service. Here, the Veteran is competent to report that his in-service symptoms persisted and intensified since service, until they were ultimately diagnosed as bipolar disorder with depression. See Layno v. Brown, 6 Vet. App. 465 (1994). Additionally, his report is highly credible as it is in step with the fact that he was divorced and then treated for bipolar disorder just a few years after separation from service. Moreover, the submitted medical article shows that the symptoms documented in service and reported since service are indicative or bipolar disorder. Collectively, this evidence weighs heavily in the Veteran’s favor. While the March 2013 VA examiner opined that the Veteran does not have a current psychiatric disorder, this opinion is afforded no probative value as it does not adequately address any of the aforementioned, favorable evidence. See Dalton v. Nicholson, 21 Vet. App. 23, 39 (2007). After resolving any doubt in the Veteran’s favor, the Board finds that since his current bipolar disorder with depression began in service, service connection is warranted. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Joshua Castillo, Counsel