Citation Nr: 21003697 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 17-28 840A DATE: January 22, 2021 ORDER Entitlement to an acquired psychiatric disorder, to include anxiety and claustrophobia, is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran has an acquired psychiatric disorder that is etiologically related to a disease, injury, or event in service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disability, to include anxiety, depression and claustrophobia, are not met. 38 U.S.C. § 110, 1131, 5107; 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the U.S. Navy from August 1962 to September 1966. He testified before the undersigned at a videoconference hearing in January 2020; a transcript is associated with the record. The Board remanded the appeal in July 2020 in order to schedule the Veteran for a VA examination and opinion. The exam and opinion were completed in October 2020. Service Connection Service connection may be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). In general, service connection requires the following: (1) evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). 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). In addition to direct service connection described above, service connection may be granted on a presumptive basis for certain chronic diseases, including psychoses, by demonstrating a continuity of symptomatology since service, or a diagnosis within the presumptive period after service. 38 U.S.C. § 1112, 113, 1137 (2012); 38 C.F.R. §§ 3.307, 3.309 (2017); Walker v. Shinseki, 708 F.3d 1331, 1338-39 (Fed. Cir. 2013). The Veteran has not been diagnosed as having any psychoses within his first post-service year, and as discussed below has not shown any evidence of a continuity of symptomatology since service and is therefore not entitled to presumptive service connection. Finally, when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102 (2017); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518 (1996). 1. Entitlement to an acquired psychiatric disorder, to include anxiety and claustrophobia. The Veteran contends that his acquired psychiatric disorder due to his military service. He has current diagnoses of unspecified anxiety and unspecified depressive disorder per treatment records. In statements submitted in support of his claim and during the January 2020 hearing, the Veteran reported that he developed anxiety and claustrophobia due to working in a very tight space as part of his duties during service. Specifically, he worked in an enclosed area in a boiler room using a paint chipper. He came out and asked to be written up instead of going back because he was not able to continue. As such, the first two elements of service connection have been met. The appeal turns on whether a medical nexus between his current psychiatric diagnoses and his service exists. The Board finds that it does not. The Veteran’s service treatment records are negative for any complaints, treatment or diagnosis of a psychiatric disorder. His August 1966 separation exam was devoid of any mental health conditions. Treatment records confirm the Veteran experienced symptoms and was being treated for anxiety and depression. He expressed distress about his wife’s medical problems, as well as his own. He reported improved symptoms from medication and therapy. The Veteran was afforded a VA examination in October 2020 and reported the onset of his psychiatric disorder immediately after separating from service. He described feelings of nervousness, fidgeting, and having to walk out to get air. He reported having to crawl around in a maze-like void under the ship without knee guards or a mask for fumes. He was unwilling to continue the job but was not punished. The examiner only diagnosed the Veteran with an unspecified anxiety disorder. The examiner noted that claustrophobia was not a DSM-5 diagnosis. The examiner opined that his anxiety was less likely than not due to an event, injury or disease incurred in service. The opinion noted that he did not seek mental health treatment for nearly 46 years following service and the interim he maintained a successful career, marriage, and raised 3 children. Recently, the Veteran became the primary caretaker for his wife and developed his own medical issues. The examiner noted that the types of issues the Veteran reported are less likely than not due to a chemical imbalance; rather, they are stress management skills and coping strategies routinely used to address the types of concerns expressed by Veteran. As a result, the examiner found that his anxiety was more likely related to his and his wife’s medical conditions, rather than an isolated event in service. Upon review of the evidence of record, the Board determines that the evidence does not substantiate a finding that the Veteran’s currently diagnosed unspecified anxiety and depressive disorders occurred in, or were caused by, service. Although the Veteran noted anxiety and claustrophobia since service, he did not seek any treatment or assistance for over 40 years following service. Furthermore, at no point during service was the Veteran diagnosed with, or received treatment for, a psychiatric disorder. The Board has considered the Veteran’s assertions that his work in the boiler room during service caused his current psychiatric disorder, but these contentions are outweighed by other, more probative evidence of record. Additionally, the Veteran is competent to provide a description of symptoms he experienced following the in-service incident, but he is not competent to provide a link between the symptoms he felt in service and his current acquired psychiatric disorder. He has not shown that he has the requisite medical expertise to provide an opinion as to causation of his acquired psychiatric disorder. In conclusion, the Board finds that service connection for an acquired psychiatric disorder is not warranted. The Board appreciates the Veteran’s sincere belief that his current diagnoses are related to service. However, the October 2020 opinion is the most probative evidence of record as it was based on examination of the Veteran, thorough review of the record, and addressed the Veteran’s lay statements. As the most probative evidence of record does not substantiate a nexus between his work in the enclosed space during service and the Veteran’s current anxiety and depression disorders, service connection must be denied. Accordingly, the Board finds that the preponderance of the evidence is against the claim, and entitlement to service connection for an acquired psychiatric disorder is denied. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Price, 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.