Citation Nr: 21068674 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 20-29 261 DATE: November 12, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and unspecified depressive disorder, is granted. FINDING OF FACT Resolving reasonable doubt in favor of the Veteran, the evidence of record demonstrates that it is at least as likely as not that the Veteran has a current psychiatric disorder which is etiologically related to his military service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder have been met. 38 U.S.C. §§ 1110, 1131, 1154, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Navy from November 1964 to October 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). On March 18, 2021, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. Pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009), the Board is broadening the Veteran's claim of entitlement to service connection for PTSD to a claim of entitlement to service connection for an acquired psychiatric disorder, to include PTSD and unspecified depressive disorder, as reflected above. This appeal has been advanced on the Board's docket in accordance with 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and unspecified depressive disorder Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active-duty service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To establish a right to compensation for a present disability, a veteran must show: (1) the existence of a present disability; (2) the incurrence or aggravation of a disease or injury while on active-duty service; and (3) a causal relationship, i.e., a nexus, between the present disability and the disease or injury incurred in or aggravated by service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection for PTSD requires medical evidence diagnosing the condition in accordance with VA regulations; credible supporting evidence that the claimed in-service stressor occurred; and a link, established by medical evidence, between current symptoms and the in-service stressor. See 38 U.S.C. § 1154; see also 38 C.F.R. §§ 3.304(f), 4.125(a). Alternatively, a veteran can receive compensation via secondary service connection, which can be established when a disability is shown to be proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310. To be awarded secondary service connection, there must be evidence sufficient to show: (1) that a current disability exists; and (2) that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. Id.; Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). 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, 4.3; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). Here, the Veteran asserts that his psychiatric disorder is etiologically related to his military service, including as due to a fear of hostile military forces he experienced while serving aboard Naval ships. See, e.g., BVA Hearing Transcript dated March 18, 2021. After a thorough review of the record, the Boards that the evidence supports a grant of service connection for an acquired psychiatric disorder, to include PTSD and unspecified depressive disorder. First, the medical evidence preponderates in favor of finding that the Veteran has a currently diagnosed psychiatric disorder. Although a psychiatric report from April 2019 indicates that the Veteran does not exhibit any symptomatology of a psychiatric disorder, other medical treatment records document symptoms suggestive of both PTSD and depression. See VA examination dated April 8, 2019; see also medical treatment records dated February 15, 2019. Furthermore, a medical opinion provided by a licensed psychologist confirms diagnoses of PTSD and unspecified depressive disorder. See medical opinion dated July 9, 2021. Thus, with the preponderance of evidence demonstrating that the Veteran is in receipt of a psychiatric diagnosis, the requirement of a current diagnosis is satisfied. Second, there is evidence of record sufficient to establish an in-service stressor incident. The Veteran has consistently maintained that he experienced traumatic events, including a reasonable fear of harm from enemy forces, while serving aboard Navy ships. In addition to the Veteran's consistent and credible statements concerning the occurrence of such events, the Veteran's military personnel records feature a Letter of Appreciation from an Executive Naval Officer commending the crew of the U.S.S. Radford, one of the ships on which the Veteran served, on their adherence to "upholding the highest tradition of the Naval Service" in the face of hostility. See Letter of Appreciation dated July 24, 1965. Finally, the evidence is, at a minimum, in relative equipoise as to whether there is a link between the Veteran's current psychiatric condition and his active-duty military service. In that regard, the law is clear. Pursuant to the "benefit-of-the-doubt" doctrine, where there is "an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter," the Veteran shall prevail upon the issue. 38 U.S.C. § 5107. To the extent that there is evidence against the claim, the Board observes that the April 2019 examiner furnished a negative nexus opinion for PTSD based on her determination that the Veteran did not have a diagnosis of PTSD. On the other hand, the psychologist who performed the July 2021 psychiatric evaluation of the Veteran opined that the Veteran's PTSD is "more likely than not" related to the Veteran's service, to include the reported in-service stressor events. Regarding the Veteran's diagnosis of unspecified depressive disorder, the psychologist concluded that the diagnosis is "more likely than not" secondary to the Veteran's various service-connected disabilities. (Continued on the next page) Accordingly, the Board finds that, with the benefit of the doubt resolved in the Veteran's favor, the lay and medical evidence of record supports a grant of entitlement to service connection for an acquired psychiatric disorder, to include PTSD and unspecified depressive disorder. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Tolbert, 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.