Citation Nr: 20002126 Decision Date: 01/09/20 Archive Date: 01/14/20 DOCKET NO. 16-58 778A DATE: January 9, 2020 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is granted. Entitlement to service connection for major depression is granted. FINDINGS OF FACT 1. The Veteran’s PTSD is related to his period of active service. 2. The Veteran’s depression is proximately due to his service-connected PTSD. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for an acquired psychiatric condition, diagnosed as PTSD, have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2018). 2. The criteria for entitlement to service connection for an acquired psychiatric condition, diagnosed as major depression, have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.310 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from April 1968 to March 1970 and from January 1991 to March 1991. He appeals an August 2014 rating decision denying entitlement to service connection for PTSD. A Board hearing was held in November 2019. A transcript is of record. The Veteran contends that his PTSD is related to an in-service motor vehicle accident. Entitlement to VA compensation may be granted for disability resulting from disease or injury incurred in or aggravated by active duty. 38 U.S.C. §§ 1110 (wartime service), 1131 (peacetime service); 38 C.F.R. § 3.303. To establish entitlement to VA disability compensation, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of an injury or disease; and, (3) a causal link between the present disability and the injury or disease incurred or aggravated in-service (“nexus” requirement). Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show: (1) a current disability; (2) a service-connected disability; and (3) a nexus between the current disability and the service-connected disability. See Wallin v. West, 11 Vet. App. 509, 512 (1988). As to the third Wallin element, the current disability may be either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). When evaluating claims for service connection for PTSD, the sufficiency of a stressor is a medical determination, while the occurrence of the stressor is a legal determination. Sizemore v. Principi, 18 Vet. App. 264 (2004). A veteran need only demonstrate that there is an approximate balance of positive and negative evidence to establish entitlement to VA disability compensation. Gilbert v. Derwinski, 1 Vet. App. 49, 54 (1990). 1. PTSD The first Shedden element has been met. The Veteran has been diagnosed with and treated for PTSD and resulting major depression since December 2013. See May 2016 medical treatment record. The second Shedden element has been met. The Veteran has continuously and credibly reported that he was run over by, and trapped underneath, a truck during active service in Germany in 1969. See e.g., May 2004 service treatment record at 27, 47. Military personnel records confirm that the Veteran was stationed in Germany at that time. See July 2014 military personnel records at 10. The Veteran’s separation medical examination indicates that the he was treated for injuries in October 1969, at the Wurzburg Army Hospital in Germany. See July 2014 service treatment record at 12. The Veteran has submitted several statements confirming the in-service motor vehicle accident, including eyewitness testimony from a fellow soldier. See March 2015 lay statement. In summation, the Board finds that the evidentiary record is replete with evidence that the Veteran’s claimed in-service stressor occurred. The third Shedden element has been met. In August 2014, a VA examiner opined that there was not sufficient evidence to meet diagnostic criteria for PTSD related to military service. However, Dr. N.H., the Veteran’s personal physician, reported that the Veteran has had persistent symptoms that meet the full criteria for PTSD throughout his lifetime as a direct result of being run over and trapped underneath a vehicle during service. See November 2016 medical treatment record. The Board affords more weight to the opinion of Dr. N.H. than to the opinion of the August 2014 VA examiner. Dr. N.H.’s opinion was rendered by a medical professional after full review of the claims file and years of in-person examination of the Veteran. On balance, the preponderance of the competent and credible evidence demonstrates that the Veteran’s PTSD is attributable to his period of active service. Accordingly, service connection for PTSD is granted. 2. Depression The scope of a mental health disability claim includes any mental disability that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and the other information of record. Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). As the above Order details, the Veteran has been diagnosed with major depression resulting from his service-connected PTSD. See, e.g., May 2016 treatment records. Hence, the three Wallin elements have been met. Accordingly, service connection for major depression is warranted. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Daniel Ballinger, Associate Counsel 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.