Citation Nr: 21061699 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 17-32 741 DATE: October 5, 2021 ORDER Entitlement to service connection for anxiety disorder is granted. FINDING OF FACT The Veteran's acquired psychiatric disability, diagnosed as an anxiety disorder, had its onset in service or is etiologically related to his active service. CONCLUSION OF LAW The criteria for service connection for anxiety disorder are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1968 to April 1971. The Veteran appeared at a hearing before the undersigned in September 2021. In light of the full grant of the benefit sought in this appeal, the Board finds no need to delay adjudication to obtain a transcript of the hearing, which will be obtained and associated with the claims file at later date. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Generally, the evidence must show: (1) the existence of a present disability; (2) 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. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Under 38 C.F.R. § 3.303(b), an alternative method of establishing the second and third Shedden element is through a demonstration of continuity of symptomatology if the disability claimed qualifies as a chronic disease listed in 38 C.F.R. § 3.309(a). Regulations also provide that service connection may be granted for a disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability is due to disease or injury which was incurred in or aggravated by service. 38 C.F.R. § 3.303(d). Finally, 38 U.S.C. § 1154(a) requires that VA give "due consideration" to "all pertinent medical and lay evidence" in evaluating a claim for disability or death benefits. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). Specifically, "[l]ay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional." Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). 1. Entitlement to service connection for an acquired psychiatric disability. The Board is recharacterizing the Veteran's posttraumatic stress disorder (PTSD) claim to include all psychiatric disorders that have been diagnosed. See Clemons v. Shinseki, 23 Vet. App. 1 (2009) (holding that the scope of a mental health disability claim includes any mental disability that may reasonably be encompassed by the claimant's description of the claim, reported symptoms, and the other information of record). The Veteran asserts that he has an acquired psychiatric disability related to service. The Board concludes that the Veteran has a current diagnosis of an anxiety disorder that is related to his active service. 38 U.S.C. §§ 1110, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The record includes a July 2013 VA medical opinion which states that the Veteran meets the criteria for a diagnosis of anxiety disorder. The examiner noted that although the Veteran endorsed some symptoms consistent with a diagnosis of PTSD, he does not meet the full diagnostic criteria. The examiner opined that the Veteran's anxiety disorder is most likely caused by or a result of his in-service stressors and his current symptoms are directly related to his in-service stressors. Recently associated records confirm that the Veteran served in combat. See Amended DD 214 and Buddy Statements. There are no contradictory opinions of record. Treatment records have been reviewed but do not reflect a diagnosis of PTSD. Significantly, the VA examiner specifically relates the Veteran's current anxiety disorder to his service. Coupled with reports from the Veteran and his friends of continuous psychiatric issues since service, and with resolution of all reasonable doubt in favor of the claim, the Board finds that service connection for an acquired psychiatric disability, currently diagnosed as an anxiety disorder, is warranted. The claim is granted. Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. M. Clark, 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.