Citation Nr: 18157144 Decision Date: 12/11/18 Archive Date: 12/11/18 DOCKET NO. 16-57 566 DATE: December 11, 2018 ORDER Service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD), depression, irritability, and anxiety, is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, it is at least as likely as not that his acquired psychiatric disorder is related to active duty service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder, to include PTSD, depression, irritability, and anxiety, have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 2007 to July 2007 and February 2008 to November 2012. As a preliminary matter, the Board finds that an April 2013 rating decision is not final and is the rating decision currently on appeal. The April 2013 rating decision denied the Veteran’s pre-discharge claim seeking service connection for a mental condition with anxiety, irritability, and depression on the ground that such disorders had not been clinically diagnosed. Subsequently, a May 2014 rating decision was issued denying his claim seeking service connection for PTSD on the ground that it also was not diagnosed. However, because new evidence, including the Veteran’s October 2013 stressor statement and medical records, were received within one year of the April 2013 rating decision, it is not final and this appeal arises out of that decision. See Buie v. Shinseki, 24 Vet. App. 242, 252 (2011). The Board also acknowledges that the Veteran filed his pre-discharge claim seeking entitlement to service connection for a mental condition with anxiety, irritability, and depression. During the course of this appeal, his psychiatric symptoms have been diagnosed as major depressive disorder, PTSD, an anxiety disorder, an alcohol related disorder, a stimulant-related disorder/cocaine, and adjustment disorder. However, a service connection claim that describes only one particular psychiatric disorder should not necessarily be limited to that disorder. Rather, as reflected in the title page, VA should consider the claim as one for any psychiatric disability that may reasonably be encompassed by evidence of record. Clemons v. Shinseki, 23 Vet. App. 1 (2009). Entitlement to service connection for an acquired psychiatric disorder to include PTSD, depression, irritability, and anxiety The Veteran is claiming entitlement to service connection for an acquired psychiatric disorder, to include PTSD, depression, irritability, and anxiety. 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. 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 upon the evidence of record, and resolving all doubt in favor of the Veteran, the Board determines that service connection is warranted for the Veteran’s acquired psychiatric disorder. Initially, the Board notes that the post-service medical evidence shows that the Veteran has been diagnosed with at least three psychiatric disorders. Specifically, he received a diagnosis of major depressive disorder in April 2013, only 5 months after separation, an anxiety disorder in October 2013, only 10 months after separation, and adjustment disorder less than 18 months after separation. Next, the Board determines that the evidence is at least in equipoise as to whether the Veteran’s acquired psychiatric disorders began in service or shortly thereafter. Specifically, the Veteran’s service treatment records, including March 2010 and July 2010 records, and a July 2012 post-deployment health assessment, reflect that he experienced numerous psychiatric symptoms. The March 2010 and July 2010 treatment records reflect that he experienced depressed and anxious moods and had difficulty being in crowded areas. Similarly, the July 2012 post-deployment health assessment reflects that he experienced frequent trouble sleeping, depression or excessive worry, nervous trouble, irritability, and having little interest or pleasure in doing things and feeling down, depressed or hopeless. Moreover, the post-service evidence, in conjunction with the Veteran’s competent and credible statements, demonstrates that his psychiatric symptoms have been continuous since his separation from service in November 2012. Specifically, treatment records from December 2012, January 2013, December 2015, July 2016, and January 2018 reflect psychiatric symptoms such as anxiety, panic attacks, emotional outbursts, nightmares, depression, and feelings of hopelessness and worthlessness. The Board acknowledges the negative medical evidence includes a December 2012 VA examination for mental disorders other than PTSD, which did not diagnose the Veteran with PTSD, and an April 2014 VA examination for PTSD, where the examiner did not diagnose the Veteran with PTSD and attributed his adjustment disorder diagnosis to psychosocial stressors. However, as noted above, the medical evidence including his service treatment records and post-service treatment records reflect that he began experiencing psychiatric symptoms in-service, sought treatment for such symptoms immediately after service, that his symptoms have been continuous, and that he received diagnoses of multiple psychiatric disorders shortly after service. Thus, the Board finds the evidence is in relative equipoise to support service connection given that the onset of his symptoms occurred during service and the continuity of his symptoms thereafter. By virtue of the foregoing, the Board concludes that the evidence is in relative equipoise and that the Veteran’s claim seeking service connection for an acquired psychiatric disorder should be granted. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Crosnicker, Associate Counsel