Citation Nr: 21063545 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 17-50 401 DATE: October 14, 2021 ORDER Entitlement to service connection for a psychiatric condition with anxiety and depression, to include as due to service-connected disabilities, is granted. FINDING OF FACT The evidence supports the finding that the Veteran's psychiatric condition with anxiety and depression is secondary to service-connected disabilities. CONCLUSION OF LAW The criteria for service connection for a psychiatric condition with anxiety and depression, to include as secondary to service-connected disabilities, have been met. 38 U.S.C. §§ 1101, 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from June 1975 to July 1978. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in May 2019. At that time, the Board issued a remand for further development, to include a VA examination and medical opinion. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated during service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. That determination requires a finding of current disability that is related to an injury or disease in service. Watson v. Brown, 4 Vet. App. 309 (1993); Rabideau v. Derwinski, 2 Vet. App. 141 (1992). 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 that was incurred or aggravated in service. 38 C.F.R. § 3.303(d). In addition, service connection may be established on a secondary basis for a disability which is shown to be proximately due to or the result of a service-connected disability. 38 C.F.R. § 3.310. Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either caused by or aggravated by a service-connected disability. See Allen v. Brown, 7 Vet. App. 439 (1995). In this case, there is a positive nexus opinion. The Board notes the Veteran's private physician submitted a medical opinion on her behalf. Here, the private physician opined that the Veteran's pulmonary fibrosis and polymyositis, both service connected, have contributed to her anxiety and depression as well as her sleep disturbances. See January 2020 Private Cleveland Clinic Medical Opinion. The Board recognizes that this is a fairly brief opinion, with little explanation provided. That having been said, this physician confirmed that the Veteran has been under her care, which affords the opinion considerable probative value in terms of determining a causal relationship between multiple disabilities. The Board is aware that a January 2020 VA examination report contains a contrary opinion, but this opinion is of limited probative value because of the use of the phrase "permanently aggravated." This is not the correct standard for aggravation under VA regulations. See Ward v. Wilkie, 31 Vet. App. 233 (2019) (a "permanent worsening" of a non-service-connected disability is not required to establish secondary service connection on the basis of aggravation). Overall, the Board concludes that the evidence supports a finding that service-connected pulmonary fibrosis and polymyositis caused the Veteran's psychiatric condition. This claim is accordingly granted on a secondary service connection causation basis. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Glaeser, Jennifer 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.