Citation Nr: 18105426 Decision Date: 05/24/18 Archive Date: 05/24/18 DOCKET NO. 08-07 171 DATE: May 24, 2018 ORDER Service connection for depressive disorder and adjustment disorder is granted. FINDING OF FACT The Veteran’s depressive disorder and adjustment disorder began during active service. CONCLUSION OF LAW The criteria for service connection for depressive disorder and adjustment disorder are met. 38 U.S.C. § 1110 (2012), 5107(b); 38 C.F.R. §§ 3.102, 3.303(a) (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1968 to January 1970. He testified at a RO hearing in July 2008. In August 2015, the Board granted service connection for posttraumatic stress disorder (PTSD) and denied service connection for an acquired psychiatric disorder, other than PTSD. The Veteran timely appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court), which granted a July 2016 Joint Motion for Partial Remand, vacating the Board’s denial of service connection for an acquired psychiatric disorder other than PTSD, to include depression, and remanding the issue for further development. In November 2016 and July 2017, the Board remanded the issue for further development. In March 2018, the Board sought an advisory medical opinion from the Veterans Health Administration (VHA). 1. Entitlement to service connection for an acquired psychiatric disorder. The Veteran contends that in addition to his already service-connected PTSD, he also has an acquired psychiatric disorder, other than PTSD, that is related to his military service. After reviewing the record, the Board concludes that the Veteran has current diagnoses of depressive disorder and adjustment disorder that began during active service. 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). In that regard, in November 2004, he was diagnosed with adjustment reaction with mixed disturbance and placed on medication. An October 2006 VA treatment record indicated he had problems with depression from his thoughts about Vietnam and the impression was depressive disorder. An August 2007 record noted major depressive disorder, single episode versus depressive disorder. In March 2018, the Board requested a VHA advisory medical opinion with respect to whether the Veteran’s current disabilities of adjustment disorder and depressive disorder were due to service, or caused or aggravated by the service-connected PTSD. In April 2018, a VA psychiatrist opined that the Veteran’s current depressive disorder was related to his active military service. The rationale was that depressive disorders were well known to be co-morbid with PTSD. The examiner also indicated that given that the Veteran developed PTSD as a result of his service, it was more likely than not that the depression and excessive worry he reported at service separation was related to his then undiagnosed PTSD and to service. The examiner noted that the fact the Veteran had been diagnosed with both depression and adjustment disorder at different points over the years and was taking a medication approved for major depressive disorder and PTSD, supported this hypothesis. The examiner also explained that an adjustment disorder could be viewed as a mood disorder that was not severe enough to meet the diagnostic criteria for a major depression, and given that the Veteran had PTSD that developed as a result of his service, it was expected that he would also develop depressive and/or adjustment disorders from time-to-time. In light of the favorable April 2018 VHA advisory medical opinion, which clarifies any conflicting medical opinions in the record, the Board finds the most probative and persuasive medical evidence supports the Veteran’s claim that his depressive disorder and adjustment disorder is related to his service. Therefore, service connection depressive disorder and adjustment disorder is granted. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D.M. Casula, Counsel