Citation Nr: 18151421 Decision Date: 11/19/18 Archive Date: 11/16/18 DOCKET NO. 14-99 808A DATE: November 19, 2018 ORDER Entitlement to service connection for an acquired psychological disability (including Major Depressive Disorder and Post-Traumatic Stress Disorder) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his acquired psychological disability is at least as likely as not related to psychological stressors during service. CONCLUSION OF LAW The criteria for service connection for an acquired psychological disability (including Major Depressive Disorder and Post-Traumatic Stress Disorder) are met. 38 U.S.C. §§ 1110, 1111, 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 January 1966 to February 1968, and from February to October 1991. The Veteran appeals an January 2012 rating decision from the Department of Veteran Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico. The Veteran did request a Board hearing in his December 2014 VA Form 9. However, the Veteran withdrew his Board hearing request in February 2017 correspondence. Service Connection The Veteran contends that his major depressive disorder is related to his time in service, including anxiety of having to go to Vietnam or Iraq. Service connection is warranted where the evidence of record establishes that a particular injury or disease results in a present disability that incurred in the line of duty during active military service or, if pre-existing such service, was aggravated thereby. 38 U.S.C. § 1110, 1131; 38 C.F.R. § 3.303(a). Entitlement to service connection for an acquired psychological disability (including Major Depressive Disorder and Post-Traumatic Stress Disorder) The Veteran asserts that his major depressive disorder is related to facing racism, a language barrier (he did not speak English), feelings of having to work the worst jobs, and stress of the “possibility” of going to Vietnam or Iraq. The Veteran has a current diagnosis of major depressive disorder. As such, the Veteran meets the first element. The Veteran stated that when he entered service at twenty-years old that he did not know English, and this caused him stress and depression because he had a hard time adapting. He felt stressed and depressed again after being activated during the Gulf War. See July 2012 Statement in Support. The Veteran also felt being prejudiced against because of his nationality. See August 2012 Private Medical Opinion. During the June 2012 VA examination, the Veteran stated that he occasionally got into fights, sometimes over racial problems. Therefore, the Veteran meets the second element, and the claim turns on the nexus issue. Regarding nexus, the Veteran underwent a VA examination in June 2012. The VA examiner opined that the Veteran did not meet the criteria for post-traumatic stress syndrome. However, the Veteran had a diagnosis of major depressive disorder. The Veteran appeared with the following symptoms: depressed mood, chronic sleep impairment, mild memory loss, flattened affect, impaired judgment, disturbances in mood and motivation, and difficulty in adapting to stressful circumstances. The VA examiner reported that the Veteran did not see combat, or sought counseling on his own. Further, the Veteran’s first psychiatric intervention was after the Burger King, in which the Veteran worked, was robbed. The VA examiner noted that this psychological treatment did not beginning until eight years after leaving service. Therefore, the VA examiner opined, that the Veteran’s major depressive disorder was service connected. The Veteran underwent a private psychological evaluation in September 2016. The private psychologist reported that the Veteran was afraid of being sent into combat in Vietnam, as his brother had been. Although the Veteran did not see combat, he remained afraid of the prospect of combat. The Veteran felt stressed by the language barrier, and the feeling targeted by racism. The private psychologist noted that it was during service that the Veteran began to present psychological symptoms such as sleep disturbance, anxiety, and difficulty with peer relationships. The Veteran again felt stressed when his Army Reserve unit was activated during the Gulf War. The private psychologist reported that the Veteran began psychiatric treatment in October 1998, before the Burger King robbery. Therefore, the private psychologist opined that the Veteran’s major depressive disorder was connected to service. The Board acknowledges the differing opinions proffered by two equally qualified medical professionals and concludes that one opinion does not outweigh the other. The Board thus finds that the record evidence is at least in relative equipoise as to whether the Veteran’s major depressive disorder is related to military service. The Board notes that when the evidence is in relative equipoise, by law; the Board must resolve all reasonable doubt in favor of the claimant. See U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). Therefore, the Board finds that service connection for an acquired psychological disability is warranted. JOHN J CROWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Timothy A. Campbell, Associate Counsel