Citation Nr: 21064964 Decision Date: 10/22/21 Archive Date: 10/22/21 DOCKET NO. 18-47 765 DATE: October 22, 2021 ORDER Entitlement to service connection for a psychiatric disorder, diagnosed as generalized anxiety disorder and major depressive disorder, is granted. REMANDED Entitlement to service connection for a right hip injury is remanded. FINDING OF FACT The Veteran's current psychiatric disorder is related to his active service. CONCLUSION OF LAW The criteria for service connection for a psychiatric disorder, namely generalized anxiety disorder and major depressive disorder, have been met. 38 U.S.C. §§ 1131, 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 November 1977 to November 1980. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued in July 2016 and August 2018 by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before the undersigned Veterans Law Judge in January 2021. A transcript of the hearing is of record. 1. Entitlement to service connection for a psychiatric disorder The Veteran asserts that he is entitled to service connection for a psychiatric disorder that began during service and has continued since service. Generally, to establish service connection there must be competent evidence showing: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the in-service injury incurred or aggravated during service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). During the Veteran's January 2021 hearing, the Veteran reported that during service he experienced symptoms of nervousness, night sweats, and shaky hands. He stated that it was difficult for him to handle work related tasks and situations. In reviewing the Veteran's service treatment records (STRs), his November 1977 entrance examination does not report any preexisting psychiatric disorders prior to his entry into service. On the Veteran's November 1980 separation examination however, the Veteran reported nervousness related to his Naval service that he believed would resolve once he separated from service. In support of his claim, the Veteran submitted a psychiatric examination conducted by his private treating physician in March 2019. The physician diagnosed the Veteran with generalized anxiety disorder, and recurrent and severe depressive disorder (secondary to the generalized anxiety disorder). The physician determined that the impact of the Veteran's military service profoundly influenced his chronic anxiety and depression; and opined that the Veteran's psychiatric disorders were more likely than not related to his military service. The physician explained that the Veteran's untreated anxiety and depression symptoms began during service and remained untreated due to the stigma of being looked upon as weak for seeking mental health treatment. The Board finds that the March 2019 private treating physician's medical opinion is entitled to great probative weight as such considered all of the pertinent evidence of record, to include the statements of the Veteran, and provided a complete rationale, relying on and citing to the records reviewed. Moreover, the physician offered clear conclusions with supporting data as well as reasoned medical explanations connecting the two. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008); Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007) ("[A]medical opinion... must support its conclusion with an analysis that the Board can consider and weigh against contrary opinions"). Upon reviewing all of the pertinent evidence of record, the Board finds that entitlement to service connection for an acquired psychiatric disorder is warranted. In this regard, the Veteran has a current diagnosis of generalized anxiety disorder and depressive disorder. In his November 1980 separation examination the Veteran indicated that he experienced nervousness. The Veteran has also credibly asserted that he continued to experience anxiety post-service. Further, there is a credible medical opinion of record corroborating the Veteran's assertions and establishing a nexus between his current diagnoses and his military service. As such, entitlement to service connection for an acquired psychiatric disorder is warranted. REASONS FOR REMAND 1. Entitlement to service connection for a right hip injury is remanded. The Veteran also asserts that he is entitled to service connection for a right hip injury. During the Veteran's January 2021 hearing, the Veteran stated that he injured his hip during service when he slipped down some icy stairs. He stated that he has had pain in his hip ever since and this chronic pain resulted in him having a hip replacement in approximately November 2016. The Veteran states that he sought treatment at Patuxent River Naval Hospital in Maryland. A memorandum dated November 25, 1980, from the Patuxent River Naval Hospital in Maryland notified the Veteran that his health records from this facility were missing and would be forwarded to him once located. The VA received a letter from the Veteran's former spouse in support of his claim in December 2016. In the letter, she confirmed that the Veteran did slip and fall down a stairway during the timeframe of 1978 and 1979. She reported that he sought help at the Patuxent River Naval Hospital in Maryland. The Board finds that the Veteran is competent and credible to report an in-service fall on his right hip. His testimony is further corroborated by the statement provided by his former spouse and the November 1980 memorandum notifying the Veteran of missing treatment records. Based on the evidence of record, the Board cannot make a fully-informed decision on the issue of entitlement to service connection for a right hip disability because no VA examiner has opined whether the Veteran's current disability is at least as likely as not the cause of an in-service fall. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his right hip disability. The examiner must review the claims file. The examiner is asked to provide a response to the following: Is the right hip disability at least as likely as not related to service, including an in-service fall onto his right hip? Provide a rationale to support the opinion(s). In providing the requested opinion, consider the Veteran's description of his in-service injury and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. K. Hall, 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.