Citation Nr: 21068893 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 19-12 470A DATE: November 15, 2021 ORDER Entitlement to service connection for an acquired psychiatric disability, diagnosed as generalized anxiety disorder, is granted. Entitlement to service connection for vertigo is granted. Entitlement to service connection for asthma is granted. Entitlement to service connection for lumbar strain is granted. FINDINGS OF FACT 1. The Veteran's acquired psychiatric disability, diagnosed as generalized anxiety disorder, is etiologically related to service. 2. The Veteran's vertigo is etiologically related to service. 3. The Veteran's asthma is etiologically related to service. 4. The Veteran's lumbar strain is etiologically related to service. CONCLUSIONS OF LAW 1. The criteria to establish service connection for an acquired psychiatric disability, diagnosed as generalized anxiety disorder, have been met. 38 U.S.C. § 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria to establish service connection for vertigo have been met. 38 U.S.C. § 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria to establish service connection for asthma have been met. 38 U.S.C. § 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. The criteria to establish service connection for lumbar strain have been met. 38 U.S.C. § 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 2001 to June 2005, including combat and overseas service in Kuwait and Iraq. The Veteran appeals a September 2016 rating decision by the Agency of Original Jurisdiction (AOJ). The Board of Veterans' Appeals (Board) notes additional relevant VA treatment records were added to the record following the February 2019 statement of the case (SOC). See September 2021 examination report. The Veteran was sent correspondence in September 2021 asking for a waiver of AOJ consideration of the additional evidence added to the record. The Veteran and his representative have not yet responded. Nevertheless, the Board finds evidence of record before the issuance of the February 2019 SOC is sufficient to grant all claims of service connection. This is considered a full grant of benefits sought. Therefore, the Veteran is not prejudiced by this decision for not allowing initial review by the AOJ of new evidence added since the SOC. A veteran is entitled to Department of Veteran Affairs (VA) disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called "nexus" requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303(d). 1. Anxiety The Veteran originally claimed mental health issues and posttraumatic stress disorder (PTSD). As such, the Board expands the Veteran's claim to include any acquired psychiatric condition. Clemons v. Shinseki, 23 Vet. App. 1 (2009). The Veteran is diagnosed with generalized anxiety disorder. See April 2016 examination report. The Veteran reported various stressors of being around hostile enemies while deployed and that when he returned home he developed a drinking problem. See January 2019 Veteran statement. The April 2016 examiner noted the Veteran's statement of having panic attacks and severe anxiety starting in 2002 while in Iraq. The April 2016 examiner found the Veteran's "anxiety follows expected etiology and is related to his military service." The Veteran stated that his psychological symptoms started while in Iraq and continued to present. See September 2017 Veteran statement. Overall, the Veteran entered service without any psychiatric disorder. See June 2001 service treatment record (STRs). The Veteran would deploy to Iraq and competently stated that he developed drinking problems after his deployment. The Board finds the Veteran's statements credible. Medical evidence notes that the Veteran's symptoms started during service and that they are related to military service. The Board finds that the evidence is at least in equipoise as to whether the Veteran's psychiatric disorder had its onset in service. Resolving reasonable doubt in the Veteran's favor, the Board finds that the Veteran's psychiatric disorder originated during service. Accordingly, service connection for an acquired psychiatric disability, diagnosed as generalized anxiety disorder, is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. 2. Vertigo The Veteran is diagnosed with vertigo. See April 2016 examination report. The Veteran stated he was treated for vertigo during service. See September 2017 notice of disagreement (NOD). The Veteran suffered from dizziness and distorted vision during service. See June 2002 STRs. The April 2016 examination report noted the Veteran's statement of developing dizziness in 2003 with episodes once a year. The April 2016 examiner noted this to be an undiagnosed illness. The November 2018 examiner noted an onset date of 2004 and that the condition got progressively worse. The Veteran stated he did not seek treatment after service for vertigo because he did not have health insurance. See May 2019 VA Form 9. Overall, the Veteran entered service without any vertigo related symptoms. See June 2001 STRs. STRs noted treatment for related symptoms as dizziness and distorted vision. The Veteran competently stated he did not seek treatment since he did not have health insurance after service. The Board finds the Veteran's statements credible. Medical evidence suggests an onset date during service and that symptoms got progressively worse over time. The Board finds that the evidence is at least in equipoise as to whether the Veteran's vertigo had its onset in service. Resolving reasonable doubt in the Veteran's favor, the Board finds that the Veteran's vertigo originated during service. Accordingly, service connection for vertigo is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. 3. Asthma The Veteran is diagnosed with asthma. See May 2016 examination report. After the Veteran's deployment, he would be prescribed an inhaler. See December 2004 STRs. Upon separating from service, the Veteran's STRs noted a medical history of asthma, shortness of breath, wheezing, and a prescribed inhaler. See March 2005 STRs. The May 2016 examiner noted a 2004 date of diagnosis. The May 2016 Gulf War examination report noted the Veteran's asthma is at least as likely as not "triggered by exposure to environmental hazards while stationed in Southwest Asia." The November 2018 examiner noted an onset date of 2004. Overall, the Veteran entered service without asthma. See June 2001 STRs. The Veteran would be treated for respiratory issues during service and was prescribed an inhaler. Medical evidence suggests an onset date during service following the Veteran's deployment to Iraq. A medical nexus opinion noted the Veteran's asthma is related to environmental hazards while deployed. The Board finds that the evidence is at least in equipoise as to whether the Veteran's asthma had its onset in service. Resolving reasonable doubt in the Veteran's favor, the Board finds that the Veteran's asthma originated during service. Accordingly, service connection for asthma is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102 4. Back The Veteran is diagnosed with lumbar strain. See April 2016 examination report. The Veteran's post-deployment assessment noted back pain. See May 2004 STRs. The Veteran stated he would take over-the-counter medication to treat his back condition, that his condition never went away with an onset date of 2002, and that he was subject to small boat operations that led to daily back pain. See September 2017 Veteran statement. The November 2018 examiner noted an onset date of 2004 and that the pain level remained constant upon discharge. Overall, the Veteran entered service without any back related symptoms. See June 2001 STRs. The Veteran returned from his deployment with back pain. The Veteran nursed his back condition with over-the-counter medication. Medical evidence suggests an onset date during service. Medical evidence also suggests that the Veteran's back pain remained constant since service. The Veteran competently stated his back condition never went away since service. The Board finds the Veteran's statements credible. The Board finds that the evidence is at least in equipoise as to whether the Veteran's back condition had its onset in service. Resolving reasonable doubt in the Veteran's favor, the Board finds that the Veteran's back condition originated during service. Accordingly, service connection for lumbar strain is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Zheng, 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.