Citation Nr: 21003872 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 18-00 853 DATE: January 25, 2021 ORDER Entitlement to service connection for social anxiety disorder and major depressive disorder is granted. REMANDED Entitlement to a total disability rating due to individual unemployability is remanded. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his social anxiety disorder and major depressive disorder are at least as likely as not related to service. CONCLUSION OF LAW The criteria for service connection for social anxiety disorder and major depressive disorder are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1997 to July 2000. This matter comes before the Board of Veterans’ Appeals (Board) from a September 2016 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before the undersigned Veterans Law Judge in September 2020. A transcript of the proceeding is of record. Where 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 (b); 38 C.F.R. § 3.102; 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). Entitlement to service connection for social anxiety disorder and major depressive disorder The Veteran contends that his psychiatric conditions, to include PTSD, anxiety and depression, are caused by his experience in service befriending a sergeant who was later convicted of murdering a fellow soldier. At the September 2020 Board hearing the Veteran clarified that he is seeking service connection for an acquired psychiatric disorder to include PTSD, anxiety and depression, but not a personality disorder. The Board concludes that the Veteran has a current disability that is related to service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). Initially, the Board notes that the private and VA opinion evidence in file note the Veteran does not meet the diagnostic criteria for PTSD. However, private and VA treatment records show the Veteran has current diagnoses of social anxiety disorder and major depressive disorder. See September 2020 Private Disability Benefits Questionnaire; January 2018 Private Treatment Records; December 2015 VA Treatment Records. Thus, the question becomes whether social anxiety disorder and major depressive disorder are related to service. On this question there are probative opinions in favor of and against the claim. The evidence against the claim includes the September 2016 VA examination which diagnosed avoidant personality disorder with persistent depressive disorder and noted that his depressive symptoms were secondary to his personality disorder. The evidence in favor of the claim includes January 2018 private medical opinion stating that the Veteran’s social anxiety disorder and major depressive disorders are related to his military service. Additionally, a September 2020 private medical examination and opinion opined that his social anxiety disorder is related to military service. The Board finds the January 2018 and September 2020 private medical opinions provided clear conclusions supported by a review of relevant records and adequate rationales. Accordingly, the opinions are given great probative weight. See Hernandez-Toyens v. West, 11 Vet. App. 379, 382 (1998); Prejean v. West, 13 Vet. App. 444, 448-9 (2000); Nieves-Rodriguez, 22 Vet. App. 295 (2008). Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran’s current social anxiety disorder and major depressive disorder are related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for social anxiety disorder and major depressive disorder is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND Entitlement to a total disability rating due to individual unemployability is remanded. With respect to the Veteran’s claim for entitlement to a TDIU, the Board notes that the claim is inextricably intertwined with the grant of service connection for an acquired psychiatric disability, granted herein, because it may be affected by the assignment of the disability rating and effective date for the grant of service connection. Thus, adjudication of the claim for a TDIU is deferred pending the assignment of the disability rating and effective date for the grant of service connection for a back disability. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: Once a disability rating and effective date for the grant of service connection for an acquired psychiatric disorder have been assigned, and after completing any other development deemed necessary, readjudicate the claim of entitlement to a TDIU in light of all pertinent evidence and legal authority. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.L. Blevins, 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.