Citation Nr: 21004474 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 17-56 861 DATE: January 27, 2021 ORDER Service connection for a psychiatric disorder, diagnosed as major depressive disorder and anxiety disorder, is granted. FINDING OF FACT The Veteran’s psychiatric disorder, diagnosed as major depressive disorder and anxiety disorder, had its onset in service. CONCLUSION OF LAW The criteria for service connection for a psychiatric disorder, diagnosed as major depressive disorder and anxiety disorder, have been met. 38 U.S.C. §§ 1110, 1154(a), 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from December 1979 to November 1986 and from October 1990 to October 1993. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran and his mother presented sworn testimony at a hearing before the undersigned Veterans Law Judge in December 2020. 1. Service connection for a psychiatric disorder, diagnosed as major depressive disorder and anxiety disorder. To establish service connection for a claimed disorder, the following criteria must be met: (1) medical evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. 38 C.F.R. § 3.303; see also, Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active duty military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may also be found on a secondary basis where the following criteria is met: (1) a current disability that is not already service-connected; (2) at least one service-connected disability; and, (3) evidence that the non-service-connected current disability is either proximately due to or as the result of a service-connected disability; or, aggravated beyond its natural progress by a service-connected disability. 38 C.F.R. § 3.310 (2018); see also, El-Amin v. Shinseki, 26 Vet. App. 136 (2013); Allen v. Brown, 7 Vet. App. 439 (1995). The Veteran asserts that his psychiatric disorder, diagnosed as major depressive disorder and anxiety disorder, had its onset in service. Alternatively, the Veteran contends that his psychiatric disorder is secondary to his service-connected back and radiculopathy disabilities. During the December 2020 hearing, the Veteran testified that his psychiatric symptoms began in the 1980s when his frustrations about not being able to advance professionally in the military began. He stated that his symptoms intensified in 1993 when his wife divorced him and left him with his children. He stated that he only spoke to his parents about his symptoms because he feared speaking to others in the military. He testified that he ultimately left the military due to financial hardship as a single parent and that his psychiatric symptoms have continued since service. At the hearing, the Veteran’s mother testified that the Veteran did not have mental health problems prior to service, but during service she noticed a change in his behavior. During service, the Veteran would call her and be distraught and very unhappy on the phone. She testified that the Veteran’s mental health problems have continued since service. The Board finds that service connection for a psychiatric disorder, diagnosed as major depressive disorder and anxiety disorder, is warranted. During the appeal period, the Veteran was diagnosed with major depressive disorder and anxiety disorder. See Medical Treatment Records, March 2016. Further, treatment records note the Veteran’s reports that his symptoms began in 1992 or 1993 when he injured his back and his wife divorced him. His depressive symptoms and anxiety have worsened over time. See Medical Treatment Records, September 2015 and February 2016. Finally, the competent and credible testimony of the Veteran and his mother establish that his psychological symptoms had their onset during service and have been recurrent since that time. See Layno v. Brown, 6 Vet. App. 465 (1994). Thus, all three elements necessary to establish service connection have been met. See 38 C.F.R. §§ 3.303; see also Cohen v. Brown, 10 Vet. App. 128 (1997). STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sara Leigh, Attorney Advisor 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.