Citation Nr: 18155451
Decision Date: 12/04/18	Archive Date: 12/04/18

DOCKET NO. 16-63 717
DATE:	December 4, 2018
ORDER
Entitlement to service connection for depressive disorder and anxiety disorder, as secondary to service-connected left and right knee disabilities is granted.
FINDING OF FACT
The Veteran’s depressive disorder and anxiety disorder are proximately due to his service-connected left and right knee disabilities.
CONCLUSION OF LAW
The criteria for service connection for depressive disorder and anxiety disorder are met.  38 U.S.C. §§ 1110, 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.310(a) (2017). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from February 1977 to February 1981, and from March 1991 to June 1991.
Entitlement to service connection for depressive disorder and anxiety disorder, as secondary to service-connected left and right knee disabilities is granted.
Secondary service connection may be established for a disability that is proximately due to, or the result of, or aggravated by a service connected disease or injury.  Establishing secondary service connection requires evidence of: (1) a current disability (for which secondary service connection is sought); (2) an already service connected disability; and (3) that the current disability was either (a) caused, or (b) aggravated by the service connected disability.  See 38 C.F.R. § 3.310 (a); Allen v. Brown, 7 Vet. App. 439 (1995) (en banc).
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the benefit of the doubt shall be given to the claimant.  38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49, 54 (1990).
The Board finds that the Veteran meets the criteria for service connection on a secondary basis.  The Veteran has a diagnosis of depressive disorder and anxiety disorder.  See Private evaluation, March 2015.  The Veteran is already service-connected for the following knee disabilities: left and right knee subluxation/dislocation, and left and right knee degenerative joint disease.  See Rating Codesheet, August 2018.  A private physician has provided an opinion stating that it is as likely as not that the Veteran’s knee pain contributes to his depression.  The examiner also stated that his anxiety disorder is due to chronic pain in his knees.  The Board finds the examiner’s evaluation competent and credible.  Accordingly, as the Veteran meets all three criteria, secondary service connection shall be awarded.
The Board acknowledges the VA examination report from July 2015; however, this report is based on the finding that the Veteran did not have a psychiatric disability.  It does not address the earlier March 2015 examination and does not provided a nexus opinion.  Accordingly, the Board finds it to be inadequate for rating purposes.  
Further, in addition to the diagnosis provided in the March 2015 private opinion, the Board points to a private mental residual functional capacity assessment, received in June 2018, from Dr. E.W.H., which states that the Veteran has a current diagnosis of generalized anxiety disorder and major depression, for which he began treatment in June 2018.  The Board, therefore, finds that the weight of the evidence shows a diagnosis and secondary service connection is warranted.
 
E. I. VELEZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Foster, Associate Counsel