Citation Nr: 20026020 Decision Date: 04/15/20 Archive Date: 04/15/20 DOCKET NO. 14-10 114 DATE: April 15, 2020 ORDER Entitlement to service connection for an acquired psychiatric disorder other than posttraumatic stress disorder (PTSD), diagnosed as major depressive disorder, is granted. FINDING OF FACT The Veteran’s major depressive disorder is etiologically related to his time in service. CONCLUSION OF LAW The criteria to establish entitlement to service connection for an acquired psychiatric disorder, diagnosed as major depressive disorder, have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1972 to August 1974. He appeals a March 2012 rating decision by the Agency of Original Jurisdiction (AOJ) denying service connection for PTSD. In an August 2016 decision, the Board denied service connection for an acquired psychiatric disorder other than PTSD, to include depression. The Veteran appealed that decision to the Court of Appeals for Veterans Claims (Court). There, the Court set aside the decision and remanded the claim to the Board for re-adjudication. See August 2017 Court Memorandum Decision at 3. In February 2019, the Board remanded the Veteran’s claim to the AOJ for further action consistent with the Board’s remand directives. The claim is back before the Board for further appellate proceedings. The Board finds there has been substantial compliance with its remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Service Connection A Veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an 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, the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303(d). Major Depressive Disorder The first and second Shedden elements are met. The Veteran has major depressive disorder. See February 2011 Dr. A.F. medical opinion; see also July 2012 Dr. E.H. medical opinion. In service, the Veteran lost a close friend in Germany, witnessed his drill sergeant killed on the firing range, and suffered a mild stroke. See July 2012 Dr. E.H. medical opinion. The Veteran’s service treatment records contain evidence of bilateral facial paresthesias where the impression was “normal neurologic exam, [rule out] . . . (MS).” See May 1974 service treatment record. The Veteran also submitted evidence showing that he served with W.B., who accidently choked in his sleep and died in March 1974 from drug asphyxiation. See December 2018 representative letter, Exhibits B and C. Resolving all reasonable doubt in the Veteran’s favor, the Board finds the second Shedden element has been met. As a result, this case centers on whether there is an etiological relationship between the Veteran’s major depressive disorder and his time in active service. Dr. E.H., based on a thorough review of the Veteran’s record and a clinical interview, found that the Veteran’s psychiatric symptoms are related to the stressors he experienced in service. See July 2012 Dr. E.H. medical opinion. Dr. A.F. came to the same conclusion. See February 2011 Dr. A.F. medical opinion. There is no negative nexus opinion of record. As the evidence for and the evidence against the Veteran’s claim is in relative equipoise, the Board affords the Veteran the benefit of the doubt and finds there is expert evidence of record establishing a link between the Veteran’s major depressive disorder and his time on active duty. Accordingly, the Board grants service connection for major depressive disorder. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Salazar, 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.