Citation Nr: 20008028 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 16-59 071 DATE: January 30, 2020 ORDER Service connection for acquired psychiatric disabilities, diagnosed as anxiety and dysthymia, is granted. FINDING OF FACT During his January 2020 Board of Veterans’ Appeals (Board) hearing, the Veteran testified that his claim for service connection for an acquired psychiatric disability stems from the dual traumas of his friend and fellow Marine’s suicide and being blamed for this death by his fellow Marines. He testified regarding the devastation he felt after his friend’s suicide and the additional trauma surrounding how his fellow Marines treated him. He and his spouse testified that his current mental health symptoms, including depression, anxiety, impaired sleep, and anger, started after his friend’s death and have persisted since then. The June 2015 VA examiner diagnosed anxiety and dysthymia but concluded that these disabilities were not related to the Veteran’s service because they were not typical reactions to the events reported by the Veteran. In an April 2019 letter, the Veteran’s psychologist of several years noted that the Veteran’s current symptoms, including guilt, nightmares, flashbacks, anger, hypervigilance, impaired sleep, and suicidality, have been present since the death of the Veteran’s friend and fellow Marine when the Veteran was serving on active duty in Japan and were clearly related to that event. The psychologist stated that the Veteran should be service connected for his mental health disorders because the underlying symptoms have been present since the in-service event. Resolving reasonable doubt in the Veteran’s favor, the Board finds that the evidence, as summarized here, is at least equipoise that service connection is warranted for an acquired psychiatric disorder because the hearing testimony, VA examination report, and private psychology nexus letter all indicate that the Veteran’s symptoms started after the in-service event. The Board acknowledges the VA examiner’s conclusion that diagnosed anxiety and dysthymia are not related to service because they are not classic reactions to the events the Veteran reported. This opinion cannot be assigned significant probative weight, however, because the examiner did not provide a detailed explanation for this conclusion or any reason why the Veteran would have developed these disabilities absent what happened to him during active service (nor is it a legal requirement that a Veteran have a typical or classic response to a traumatic event). In addition, the private psychologist’s letter describing her conclusion that the Veteran’s current symptoms are related to service is afforded probative weight because the psychologist was able to draw on her experiences treating the Veteran over several years. Most importantly, service connection is supported by the competent and credible hearing testimony provided by the Veteran and his wife that the symptoms identified by the VA examiner as supporting the diagnosed anxiety and dysthymia are temporally related to Veteran’s friend’s suicide and its aftermath. CONCLUSION OF LAW The criteria for service connection have been met for acquired psychiatric disorders, diagnosed as anxiety and dysthymia. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1997 to August 1999 in the United States Marine Corps. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision. In January 2020, the Veteran and his spouse testified at a hearing before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is of record. Also during the hearing, the undersigned granted the Veteran’s motion to advance this appeal on the Board’s docket due to financial hardship. 38 C.F.R. § 20.900(c). To afford the Veteran the broadest and most favorable review possible, the Board has characterized his claim on appeal as one for service connection for an acquired psychiatric disability (which encompasses his claims for service connection for anxiety, depression, and PTSD), and notes that a claim for a mental health disability includes any mental health that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and the information submitted or developed in support of the claim. See Clemons v. Shinseki, 23 Vet. App. 1, 5-6 (2009). In closing, the Board also recognizes the difficulty inherent in bringing forward memories such as those discussed during the Veteran’s Board hearing and appreciates the willingness of the Veteran and his spouse to provide detailed testimony about an exceptionally challenging time in their lives. This evidence was carefully reviewed and considered and ultimately assisted the Board in deciding this claim. The Veteran and his spouse have truly partnered with VA in developing this claim while living with exceptionally difficulty circumstances. (CONTINUED ON NEXT PAGE)   Service connection for acquired psychiatric disorders, diagnosed as anxiety and dysthymia For the reasons outlined above, service connection is warranted. As indicated above, the Board finds that this decision applies to and resolves all pending claims of service connection for a psychiatric disability, however diagnosed. See Clemons, 23 Vet. App. 1 at 5-6. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Robinson, 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.