Citation Nr: 18156270
Decision Date: 12/11/18	Archive Date: 12/07/18

DOCKET NO. 15-09 424
DATE:	December 11, 2018
ORDER
Entitlement to service connection for an acquired psychiatric disorder (depression) is granted.
FINDING OF FACT
Resolving all doubt in the Veteran’s favor, the Veteran’s currently diagnosed depression was incurred in service.  
CONCLUSION OF LAW
The criteria for service connection for depression have been met.  38 U.S.C. §§ 1131, 5107 (West 2012); 38 C.F.R. §§ 3.303, 3.304, (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from February 1978 to March 1981.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an November 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, NM.
Entitlement to service connection for an acquired psychiatric disorder
Under the relevant laws and regulations, service connection may be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. § 3.303(a) (2017). In general, service connection requires competent evidence showing: (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, 1167 (Fed. Cir. 2004).
Additionally, where symptoms are capable of lay observation, a lay witness is competent to testify to a lack of symptoms prior to service, continuity of symptoms after in-service injury or disease, and receipt of medical treatment for such symptoms. Charles v. Principi, 16 Vet. App 370, 374 (2002).
Service connection for PTSD generally requires: (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); (2) a link, established by medical evidence, between current symptoms and an in-service stressor; and (3) credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. § 3.304(f).
In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1990).
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of matter, the benefit of the doubt will be given to the Veteran. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102.
A review of the record shows the Veteran was diagnosed to have PTSD by a private practitioner, who linked the disability to the death of the Veteran’s infant son that occurred while the Veteran was on active duty.  A death certificate shows the Veteran’s son died in June 1979, shortly after birth.  A 2016 VA examiner diagnosed the Veteran instead to have Unspecified Depressive disorder.  Although service treatment records do not document any in-service psychiatric complaints or treatment, other evidence, including a statement from the Veteran’s mother reflects the onset of depressive symptoms in service following the death of the child, which continued thereafter.  Given these facts, and with the resolution of reasonable doubt in favor of the Veteran, it may be concluded the Veteran’s depression was incurred in service.  


 
M. E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Jaigirdar, Associate Counsel