Citation Nr: 19190842
Decision Date: 12/03/19	Archive Date: 12/03/19

DOCKET NO. 15-40 256
DATE: December 3, 2019

ORDER

Entitlement to service connection for major depressive disorder is denied.

FINDING OF FACT

The Veteran’s major depressive disorder was not incurred in service and is not related to an in-service event or injury. 

CONCLUSION OF LAW

The criteria for service connection for major depressive disorder have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a veteran who served on active duty for the United States Army for a three month period from February to April 1966. This matter comes before the Board of Veterans’ Appeals (Board) from a July 2015 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA) in San Juan, Puerto Rico. 

Entitlement to service connection for major depressive disorder 

Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.

Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits. VA shall consider all information lay and medical evidence of record in a case and when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant.  38 U.S.C. § 5107 (2012); 38 C.F.R. § 3.102 (2017); Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990).  To deny a claim on its merits, a preponderance of the evidence must be against the claim.  Alemany v. Brown, 9 Vet. App. 518, 519 (1996).

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The appellant contends that his major depressive disorder is related to his experience of being drafted into the Army during the Vietnam era. Specifically, he testified that he was going from place to place to avoid being found for the draft and that one day after work he was approached by detectives who instructed him to report to Selective Service the following Monday morning. Thereafter, it appears that he completed preliminary basic training and was then discharged, his personnel records showing a reason for discharge as “Not Eligible for (Enl) (Reenl) RE-3.”  

While the appellant is currently diagnosed with a major depressive disorder, no records in his claims file indicate any in-service event or a nexus between the current condition and claimed in-service event. The Board does not consider the fact that the appellant was drafted and his efforts to avoid the draft under Selective Service System and avoid military service as an in-service event or injury.   All male citizens are required to register with Selective Service and it is their duty to serve if selected.  See 50 U.S.C. § 3803.   As the weight of the evidence is against the claim, it must be denied.

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Hamed, Law Clerk

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.