Citation Nr: 18158063 Decision Date: 12/18/18 Archive Date: 12/14/18 DOCKET NO. 16-53 236A DATE: December 18, 2018 ORDER Entitlement to service connection for acquired psychological disorder, to include unspecified depressive disorder is granted. Entitlement to service connection for kidney stones is denied. FINDINGS OF FACT 1. The evidence of record establishes that the Veteran has an acquired psychological disorder which is at least as likely as not related to the Veteran's service. 2. The Veteran’s kidney stones did not have their onset during and are not otherwise related to his active service. CONCLUSIONS OF LAW 1. The criteria for service connection for acquired psychological disorder, to include unspecified depressive disorder, have been met. 38 U.S.C. §§ 1110, 1111, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for service connection for kidney stones have not been met. 38 U.S.C. §§ 1110, 1111, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran has active service from November 2007 to March 2008; from September 2008 to March 2009; and February 2010 to March 2011. This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). A hearing was not requested, and the Veteran’s representative has filed an Appellate Brief, that has been reviewed and considered (07/17/2018 Appellate Brief, pgs. 1-3). Service connection for acquired psychological disorder, to include unspecified depressive disorder The Veteran contends that he was hit by an IED and suffered physical and mental trauma during service (1/11/2017 VA 21-0781, Statement in Support of Claim for PTSD, p. 1). Although the Veteran initially filed a claim for PTSD, he has been diagnosed with unspecified depressive disorder. To afford the Veteran the widest possible scope for his claim of entitlement to a psychological disorder, the issue has been recharacterized to entitlement to service connection for an acquired psychological disorder, to include unspecified depressive disorder. Clemons v. Shinseki, 23 Vet. App. 1, 6 (2009). Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). To establish entitlement to service-connected compensation benefits, a veteran 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. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010). In determining whether service connection is warranted, the Board shall consider the benefit-of-the-doubt doctrine. 38 U.S.C. 5107 (b); 38 C.F.R. § 3.102; Alemany v. Brown, 9 Vet. App. 518 (1996); Gilbert v. Derwinski, 1 Vet. App. 49 (1991). A March 2017 examination shows the Veteran has a current diagnosis of unspecified depressive disorder (5/30/2017 CAPRI, p. 24-25). Thus, the first element of service connection has been met. Regarding in-service incurrence, his STRs show medical treatment after an in-service detonation blast in July 2010 (10/3/2012 STR- Medical, pgs. 1-2). This satisfies the second element of service connection. Finally, the March 2017 VA examiner opined that the Veteran’s unspecified depressive disorder is at least as likely as not incurred in or the result of the reported in-service injuries, illnesses or stressors, as shown in his medical record, when he sought medical treatment after an in-service detonation blast in July 2010 (10/3/2012 STR- Medical, pgs. 1-2). The examiner’s rationale was that although the Veteran did not meet the full criteria for PTSD, his symptoms of depression and anxiety would likely persist, even in the absence of the alcohol and opiate use, therefore an unspecified depressive disorder, with anxious distress was diagnosed. The examiner noted that the Veteran was “given a clean bill of health at entry into the military and has since developed these mental disorders. There is not unmistakable evidence that he had a mental disorder prior to the military. There is no evidence that he was diagnosed with a mental disorder while in the military. However, he appears to have fared well in the military as evidenced by his DD-214 and military personnel records and had multiple deployments which resulted in some significant stressors by his report. Not long after his deployments he began having marital problems, increased substance use, depression and anxiety, legal problems, and occupational problems” (5/30/2017 CAPRI, p. 24-25). In sum, competent medical opinion links the current diagnosis to an in-service event. As such, all criteria for a claim of service connection have been met. Accordingly, the Veteran is entitled to service connection for an acquired psychiatric disorder, to include unspecified depressive disorder. Service connection for kidney stones The Veteran is seeking service connection for his kidney stones. 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 (2012); 38 C.F.R. § 3.303 (a) (2017). In general, service connection requires competent and credible evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran was diagnosed and treated for kidney stones (3 mm ureteral calculus with mild hydronephrosis of the left kidney) in May 2012 (6/25/2012 Medical Treatment Record-Non-Government Facility, pgs. 1-15) meeting the first element of current disability. The Veteran's STRs however, are silent as to any complaints, treatment, or diagnoses related to kidney stones or renal difficulties during service. The Veteran’s in-service physical of record from October 2007 does not document any kidney issues at that time (10/29/2013 STR, pgs. 56 and 65). Although the Veteran’s treatment record is incomplete, the VA has exhausted all efforts to find additional service treatment records (10/3/2012 VA Memo, p. 1). This was explained to the Veteran by notification letter, that included a list of alternate document types that could substitute for medical treatment records. (Notification Letter, pgs. 1-3). Although the duty to assist requires the VA to make reasonable efforts to assist a claimant in securing evidence necessary to substantiate their claim for VA benefits, this duty is not a one-way street Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). A veteran must cooperate when he is asked for information that is essential in obtaining the evidence to substantiate his claim. See Kowalski v. Nicholson 19 Vet. App. 171 (2005). This without any additional evidence regarding in-service occurrence of kidney stones, the Board is unable to associate the Veteran’s current disability, kidney stones, with his active service. Moreover, absent any in-service findings or evidence suggesting continuity of symptomatology, the duty to assist does not require that VA provide an examination here. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Board concludes that, while the Veteran has a current diagnosis of kidney stones, the preponderance of the evidence is against finding that it began during active service, or is otherwise related to an in-service injury, event, or disease. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d). Certain chronic diseases will be presumed related to service if they were noted as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if continuity of the same symptomatology has existed since service, with no intervening cause. 38 U.S.C. §§ 1101, 1112, 1113, 1137; Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2012); Fountain v. McDonald, 27 Vet. App. 258 (2015); 38 C.F.R. §§ 3.303(b), 3.307, 3.309(a). (Continued on the next page)   The Board acknowledges that calculi of the kidney is a chronic disease subject to presumptive service connection. However, the Veteran’s symptoms did not manifest within the one-year post service presumptive period. The Veteran was separated from duty in March 2011 and his diagnosis for kidney stones of record was May 2012 (6/25/2012 Medical Treatment Record-Non-Government Facility, pgs. 1-15). As such, presumptive service connection is not appropriate in this case. The preponderance of the evidence is against the Veteran's claim of service connection of kidney stones. There is no doubt to be resolved, therefore, service connection for kidney stones is denied. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P. A. Myers, Associate Counsel