Citation Nr: 21069591 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 18-08 862 DATE: November 18, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, diagnosed as depression, anxiety, and insomnia, is granted. FINDING OF FACT The evidence is in at least relative equipoise as to whether the Veteran's current depression, anxiety, and insomnia were incurred during service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, diagnosed as depression, anxiety, and insomnia, have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 2009 to April 2017. This appeal to the Board of Veterans' Appeals (Board) arose from an August 2017 rating decision issued by the Department of Veterans Affairs (VA). See August 2017 Notice of Disagreement (NOD); December 2017 Statement of the Case (SOC); February 2018 Substantive Appeal (VA Form 9). The Veteran testified before the undersigned Veterans Law Judge in an October 2021 hearing. While the transcript is not of record, the Board is granting this appeal in full, so any error is harmless. Entitlement to service connection for an acquired psychiatric disorder, to include depression, anxiety, and insomnia. The Veteran asserts entitlement to service connection for depression, anxiety, and insomnia based on receiving treatment for the conditions during service. March 2017 VA Form 21-526EZ; February 2018 VA Form 9. Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection is established when there is competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in service disease or injury. 38 U.S.C. §§ 1110, 1131; Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). In this case, the medical evidence shows that the Veteran was treated for depression, anxiety, and insomnia symptoms up until his separation from service. See, e.g., February 2017 Service Treatment Records; March 2017 Service Treatment Records. After separation, the Veteran continued to seek treatment for his mental health conditions and was assessed with anxiety, depression, insomnia and moderate major depressive disorder based on the same symptoms reported during service. April 2017 VA treatment evidence; September 2017 VA treatment evidence. The Veteran's symptoms improved over time, but his treatment notes indicate they are still active problems that are treated with medications. See May 2018 VA treatment evidence; November 2020 VA treatment evidence. This evidence to be highly probative and support finding that the Veteran has a current acquired psychiatric disorder incurred during service. The Board recognizes that the June 2017 VA examiner opined that the Veteran does not have a current mental health disorder because his depression, anxiety, insomnia symptoms resolved prior to separation. June 2017 VA Examination for Mental Disorders. However, the VA examiner's opinion is inconsistent with his findings that the Veteran had psychiatric symptoms such as depressed mood, anxiety, and a chronic sleep impairment. See id. Moreover, the VA examiner noted that the Veteran should seek follow up mental health treatment and requires ongoing medication, which suggests the Veteran had a current mental condition. Id. The VA examiner also did not have the benefit of reviewing the Veteran's more recent VA treatment records. For these reasons, the Board finds the June 2017 VA examiner's opinion and findings to not be probative. Based on the probative evidence of record, the Board finds that the Veteran has a current acquired psychiatric disorder, diagnosed as anxiety, depression, and insomnia, which was incurred during service. (Continued on the next page) Accordingly, entitlement to service connection for an acquired psychiatric disorder, diagnosed as anxiety, depression, and insomnia, is warranted. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Lin 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.