Citation Nr: 18158339 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 16-53 082 DATE: December 14, 2018 ORDER Entitlement to service connection for an acquired psychiatric disability is granted. FINDING OF FACT The Veteran’s acquired psychiatric disability had its onset during her active service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disability have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active naval service from July 2001 to July 2005. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a February 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. Service Connection – Psychiatric Disability The Veteran has claimed entitlement to service connection for an acquired psychiatric disability. The Veteran maintains that she has a psychiatric disability that began during active service. Specifically, the Veteran has asserted that her psychiatric symptomatology began when she learned that her brother died in a car crash in January 2003. Service treatment records (STRs) show that the Veteran was seen in 2004 for complaints of depression. She was diagnosed with depression due to bereavement and grief and prescribed Zoloft for treatment of her symptoms. In May 2005, the Veteran was afforded a separation examination. At that time, the Veteran reported experiencing depression and trouble sleeping following the death of her brother. She reported that her sleep impairment had continued to get worse and she was only able to sleep every other day. The examiner at that time noted that the Veteran was treated for depression and prescribed Zoloft. There is no indication from the examination report that the Veteran’s depression had resolved. A review of the post-service evidence of record shows that the Veteran has been seen at the VA Medical Center for mental health complaints. She has reported that she first began experiencing depression while in active service following the death of her brother. The Veteran has been diagnosed with depression. In January 2016, the Veteran was afforded a VA examination. At that time, the examiner diagnosed major depression with psychotic features. The examiner opined that the Veteran’s depression was less likely as not due to, or an exacerbation of the depression for which she was treated while in service. in this regard, the examiner noted that while the Veteran was treated for sleeping problems and depression following the death of her brother while she was in active service, her symptoms improved and she stopped taking her medication. The examiner also noted that a review of the Veteran’s STRs showed that she denied any health-related concerns or that she was taking medication at the time of her discharge. Further, the examiner noted that the medical records indicate that she was initially referred to psychology following a miscarriage in 2014, and that the death of her grandmother following the miscarriage were felt to be the primary factors leading to the severe depression she was currently experiencing. The Board finds that the January 2016 VA medical opinion is inadequate. In that regard, the Board notes that the examiner appears to have failed to adequately consider the Veteran’s lay statements regarding the onset and continuity of her symptoms. Further, the examiner clearly relied in inaccurate facts. The examiner noted that there were no complaints at discharge; however, the Veteran clearly reported at her separation examination that her depression induced sleep impairment had gotten worse. Further, there is no indication from the separation examination that the Veteran’s symptoms of depression had completely resolved without residual. Additionally, the examiner noted more recent trauma as the source of the Veteran’s depression. However, the mere fact that the Veteran has experienced additional traumatic events does not mean that she was not still experiencing depression prior to those events. As the medical opinion is not adequate, it cannot serve as the basis of a denial of entitlement to service connection. Of record are lay statements from the Veteran in which she indicates that while her depression did increase in severity following the death of her grandmother, her depression that existed in service never actually resolved. The Board notes that lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional. In fact, competent medical evidence is not necessarily required when the determinative issue involves either medical etiology or a medical diagnosis. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Buchanan v. Nicholson, 451 F .3d 1331 (Fed. Cir. 2006). The Veteran is competent to identify symptoms of depression, and that those symptoms have continued since service. Moreover, the Board finds the Veteran credible. In sum, the Veteran was diagnosed with depression during active service. She has competently and credibly asserted that her in-service depression never fully resolved and has only increased in severity following further traumatic experiences. The Veteran has a current diagnosis of depression. The VA medical opinion is not probative evidence against the claim. Accordingly, the Board finds that the evidence for and against the claim of entitlement to service connection for a psychiatric disability is at least in equipoise. Therefore, reasonable doubt must be resolved in favor of the Veteran and entitlement to service connection for psychiatric disability is warranted. 38 U.S.C. § 5107 (b) (2012); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Devyn Whitlock, Law Clerk