Citation Nr: 21062150
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-10 622
DATE: October 6, 2021

ORDER

The issue of entitlement to service connection for bipolar II disorder is granted.

FINDING OF FACT

The Veteran's bipolar II disorder began during active service.

CONCLUSION OF LAW

The criteria for service connection for residuals of bipolar II disorder are met.  38 U.S.C. §§ 105, 1110, 1131, 5107 (2018); 38 C.F.R. §§ 3.102, 3.303 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1975 to January 1977, and from March 1978 to August 1986.

In October 2021, the Veteran testified at a travel board hearing before the undersigned Veterans Law Judge.

Service Connection

Legal Criteria

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303.  The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury.  Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004) (finding also "that a disability first manifested or aggravated during active duty is deemed to be service connected, "unless such injury or disease was a result of the person's own willful misconduct or abuse of alcohol or drugs." 38 U.S.C. § 105(a)).

Evidence and Application

The Board finds that the Veteran meets the criteria for service connection for the residuals of bipolar II disorder.  First, she has a diagnosed disability.  See VA examination, April 2016.  In addition, the April 2016 VA opinion states: "The veteran's claimed mental condition is a progression of the mental conditions that manifested while on active duty."  It states further: "I can state that yes, with certainty, the veteran's claimed mental condition is a progression of the mental conditions that manifested while on active duty."  The Board finds these statements competent and credible.

In addition, the Board took testimony from the Veteran at an October 2021 travel board hearing.  The Veteran's testimony was emotional, and the Board found her to be competent and credible.  The Board acknowledges that, based on testimony and the record, there may be outstanding VA treatment records, as well as records from the Social Security Administration (SSA).  Nevertheless, as the competent and credible evidence of record supports a grant for the benefit sought, the Board sees no need to remand for further development. Moreover, as the decision herein constitutes a full grant of the benefits sought, proceeding without the records is harmless and nonprejudicial.

Also, the Board notes that while there may be additional diagnosed psychiatric disabilities of record, at the hearing the Veteran with her representative indicated that they would consider a grant for service connection for bipolar II disorder satisfaction of the appeal.

Accordingly, as the Veteran meets the criteria for service connection for bipolar II disorder, service connection is warranted for this disability.  The issue is granted.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Foster, 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.