Citation Nr: 21000705 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 15-20 891 DATE: January 6, 2021 ORDER Entitlement to service connection for an acquired psychiatric disability, to include anxiety and depression, is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his psychiatric disability is due to his military service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disability, to include anxiety and depression, have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1986 to April 1989. He also had subsequent National Guard and Reserve duty. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified before the undersigned Veterans Law Judge at a Virtual Board hearing. 1. Entitlement to service connection for an acquired psychiatric disability, to include anxiety and depression Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163. In rendering a decision on appeal, the Board must analyze the credibility and probative value of all medical and lay evidence, account for the evidence which it finds to be persuasive or unpersuasive, and provide the reasons for its rejection of any material evidence favorable to the veteran. 38 U.S.C. § 1154(a); Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006); Gilbert v. Derwinski, 1 Vet. App. 49, 57 (1990). The standard of proof to be applied in decisions on claims for veterans’ benefits is set forth in 38 U.S.C. § 5107. A veteran is entitled to the benefit of the doubt when there is an approximate balance of evidence for and against the claim. See 38 C.F.R. § 3.102. When a veteran seeks benefits and the evidence is in relative equipoise, the veteran prevails. See Gilbert, 1 Vet. App. 49. The preponderance of the evidence must be against the claim for benefits to be denied. See Alemany v. Brown, 9 Vet. App. 518 (1996). The Veteran asserts that his current psychiatric disability is due to his military service. Indeed, he reports that during a training exercise, he was assigned to maneuver a Humvee armed with a TOW missile. He indicated that during the exercise the vehicle crashed at a high speed. Although he was able to escape with minor injuries, the two passengers had to be medically evacuated as their injuries were life threatening. The Veteran reported that he felt such guilt as he witnessed their bloody injuries. He reported that he has experienced anxiety and depression since the in-service incident. The Board observes that although there is no documentation of a vehicle crash during any service periods, or any complaints of treatment for a psychiatric disability, the Veteran is competent to report a vehicle crash and his feelings of guilt, anxiety, and depression since the incident. The Board has no reason to doubt the credibility of the Veteran’s accounts. Notably, service personnel records dated in 1994 document his military occupational specialty as a TOW carrier driver. A March 2010 VA treatment record documents DSM-IV diagnoses of anxiety and depression. Further, the Veteran’s treating VA provider indicated in April 2013 that he and his team have treated the Veteran for a psychiatric disability since 2005. J.T.D., PhD indicated that the Veteran’s current symptomatology is reasonably due to his in-service event. Based on the foregoing, the Board finds that entitlement to service connection for a psychiatric disability is warranted. The Board finds the evidence reasonably shows the psychiatric disability is related to service. Although there are no treatment records to document the Veteran’s motor vehicle accident, the Veteran has competently and credibly provided consistent statements regarding the onset of his anxiety and worsening of symptomology since service, because of the in-service event. Further, the Veteran’s mental health provider indicated that the Veteran’s psychiatric disability is due to military service. (Continued on the next page)   As the reasonable doubt is shown, such must be resolved in favor of the Veteran, entitlement to service connection for a psychiatric disability is warranted. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. McPhaull, 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.