Citation Nr: 18161194 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 17-00 671 DATE: December 28, 2018 ORDER Entitlement to service connection for depressive disorder, as secondary to service-connected disability is granted. FINDING OF FACT The Veteran’s depressive disorder is shown to have been aggravated by his service-connected knee, lumbar spine, wrist and tinnitus disabilities. CONCLUSION OF LAW The criteria for service connection for depressive disorder on a secondary basis, have been met. 38 U.S.C. §§ 1131, 5107 (2012); 38 C.F.R. § 3.310 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1980 to November 1983. Entitlement to service connection for depressive disorder, as secondary to service-connected disability is granted. 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); see Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013) (noting that nexus may be demonstrated by a showing of continuity of symptomatology where the disability claimed qualifies as a chronic disease listed in 38 C.F.R. § 3.309(a)). Service connection may also be established on a secondary basis for a disability which is proximately due to, or the result of, a service-connected disability. 38 C.F.R. § 3.310 (a). Secondary service connection may also be established for a disorder which is aggravated by a service-connected disability; compensation may be provided for the degree of disability (but only that degree) over and above the degree of disability existing prior to the aggravation. 38 C.F.R. § 3.310(b); Allen v. Brown, 8 Vet. App. 374 (1995). In order to prevail on the issue of secondary service connection, the record must show: (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical nexus evidence establishing a connection between the service-connected disability and the current disability. See Wallin v. West, 11 Vet. App. 509, 512 (1998); see also Allen, supra. The Veteran contends that he has a current acquired psychiatric disorder that is secondary to his knee, lumbar spine, wrist and tinnitus disabilities. As an initial matter, the Board notes that he has been diagnosed with major depressive disorder during the pendency of the appeal. Thus, the “current disability” element has been met. The Board now turns to whether there is a link between the Veteran’s psychiatric symptoms and his service-connected disabilities. See 38 C.F.R. § 3.310 (disability which is proximately due to or the result of a service-connected disease or injury shall be service connected). In this regard, the Veteran submitted a private examiner’s opinion dated October 2014 from H. H.-G., Ph.D. The opinion notes that the Veteran’s service-connected left wrist, right knee, lumbar spine, and tinnitus disabilities are “aggravating his mood disorder.” See October 2014 Opinion. The Board notes the Veteran’s VA medical records also show a diagnosis of depressive disorder and the October 2014 opinion is consistent with this evidence in that the Veteran has complained of depressed mood due to physical limitations. The Veteran has not been afforded a VA examination and there is no opinion weighing against the claim. In light of the positive October 2014 opinion, the Board finds that the evidence is, at minimum, in equipoise regarding the question of whether the Veteran’s depressive disorder is aggravated by his service-connected disability. 38 U.S.C. § 1131; 38 C.F.R. § 3.303, 3.310. The benefit of the doubt will be conferred in the Veteran’s favor, and the service-connection claim for depressive disorder is thereby granted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Trickey