Citation Nr: 21065568 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 20-08 378 DATE: October 26, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include as due to service connected traumatic brain injury (TBI) residuals, is granted. FINDING OF FACT The Veteran's acquired psychiatric disorder is proximately due to his service connected TBI residuals. CONCLUSION OF LAW Entitlement to service connection for an acquired psychiatric disorder, to include as due to service connected TBI residuals, have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the U.S. Army from December 1984 to October 1987. Service Connection 1. Entitlement to service connection for an acquired psychiatric disorder, to include as due to service connected TBI residuals, is granted. The Veteran contends that he has an acquired psychiatric disorder that is due to his service-connected TBI residuals. Service connection may be granted for a disability that is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310. At the outset, the Board notes that the Veteran has a diagnosis of an acquired psychiatric disorder. Specifically, in November 2020, the private provider diagnosed the Veteran with major depressive disorder and unspecified anxiety disorder. The January 2018 VA examiner also noted a diagnosis of unspecified depressive disorder. Therefore, the first element of service connection, a diagnosis, has been met. Therefore, the only remaining issue is whether a nexus may be established between his TBI residuals and acquired psychiatric disorders. In December 2019, the VA examiner opined that the Veteran's acquired psychiatric disorder was less likely than not (less than 50 percent probability) proximately due to or the result of the Veteran's service connected TBI residuals. The examiner reasoned that the Veteran sustained a TBI in 1985. Complaints of depression were not seen until 2017. The examiner noted that the medical records do not support that symptoms of depression have been per persistent or chronic across these decades; therefore, the examiner concluded that a continuous link is not established by medical evidence. The examiner also noted that the medical records do not support that current depressive symptoms are a residual of a TBI injury. Therefore, the examiner concluded that the Veteran's mental health conditions, to include major depressive disorder, mood disorder, and dysthymic disorder, are less likely than not (50 percent or greater probability) proximately due to or the result of the Veteran's service connected TBI residuals. In November 2020, a private clinical psychologist concluded that the Veteran's psychiatric condition was more likely than not related to his military service and developed in response to his service-connected TBI. The provider reasoned that, prior to service, he did not have any documentation to suggest that he had any premorbid psychiatric issues. However, he developed a host of psychiatric symptoms after he sustained a head trauma in the military. The provider noted that the abrupt onset of anxiety and depression are consistent with post-concussive syndrome. The provider explained that, while symptoms of concussion often resolve within seven days, there are a small subset of individuals who have symptoms that persist for a year or longer. The provider noted that the symptoms that are reported are consistent with post-concussive syndrome and would be most likely the direct result of the head trauma he sustained in the military whereby a metal bar fell on his head. The Board finds both the December 2019 VA examiner and private provider's November 2020 opinion equally probative, because they are based on an accurate medical history and provide an explanation that contains clear conclusions and supporting data. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). Accordingly, the evidence is in equipoise as to whether the Veteran's current acquired psychiatric disorder is proximately due to his service-connected TBI with residuals. Resolving all doubt in favor of the Veteran, a nexus has been established. The Board finds that service connection for a psychiatric disorder is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. E. Grossman, 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.