Citation Nr: 18156134 Decision Date: 12/07/18 Archive Date: 12/07/18 DOCKET NO. 15-29 766 DATE: December 7, 2018 ORDER Service connection for an acquired psychiatric disorder, claimed as anxiety, depression, substance abuse, and insomnia, is granted. FINDING OF FACT Resolving all doubt in his favor, it is at least as likely as not that the Veteran’s psychiatric disorder had its onset during service and/or was otherwise related to active duty service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, claimed as anxiety, depression, substance abuse, and insomnia, have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 2010 to February 2012. In December 2017, the Board assigned a 30 percent rating for the Veteran’s skin disability and remanded the remaining herein issue on appeal for further development. To the extent it is being adjudicated, the Board is granting in full the benefits sought on appeal. Accordingly, assuming, without deciding, that any error was committed, including a Stegall violation, such error was harmless and need not be further considered. Service Connection Entitlement to service connection for an acquired psychiatric disorder, claimed as anxiety, depression, substance abuse, and insomnia The Veteran asserts that his psychiatric disorder had its onset during service, or was otherwise etiologically related to service. The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not etiologically related to, including aggravated by, an in-service injury, event, or disease. Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131. Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). Based on the evidence of record, the Board determines that service connection is warranted for the Veteran’s psychiatric disorder. In this case, the Veteran’s service treatment records reflect chronic reports of depression and anxiety during service. Next, the post-service evidence, including the April 2014 VA examination and July 2015 VA treatment records, in conjunction with the Veteran’s credible statements, indicates that he had symptoms of a psychiatric disorder since service. Specifically, the April 2014 VA examiner opined that the Veteran’s “current display of anxiety and depression also appear to be a continuation of the pattern of anxiety and depression displayed by the veteran while in the military.” However, the examiner could not render a definitive diagnosis of depression and anxiety at the time given his (then) current substance abuse, but stated that “should such feelings continue to be exhibited after a significant period of not using alcohol and cocaine then a diagnosis of an anxiety disorder or mood disorder would be appropriate.” Further, as the post-April 2014 medical evidence, including an August 2018 VA examination, reflects that he has a current diagnosis of depression and is no longer using drugs, the evidence is at least in equipoise that his psychiatric disorder is related to service. In arriving at this conclusion, the Board acknowledges the negative opinions from the VA examiners, which indicate the Veteran’s psychiatric disorder is not related to service. Of note, the August 2018 examiner opined that the Veteran’s depression was not related to the psychiatric symptoms he experienced during service. However, as discussed, the previous April 2014 VA examiner specifically determined that the Veteran’s current anxiety and depression was a “continuation” of the symptoms he experienced during service, and the Veteran’s psychiatric symptoms continued after he stop using drugs. As such, the Board finds that the evidence is at least in equipoise and service connection is warranted. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Meyer, Associate Counsel