Citation Nr: 21073194
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 18-05 462
DATE: December 7, 2021

ORDER

Service connection for major depressive disorder is granted.

FINDING OF FACT

The evidence reasonably shows the Veteran has been diagnosed with major depressive disorder with symptoms that began during service, and VA conceded a stressor in service related to fear of hostile military or terrorist activity based on service records showing conditions consistent with such stressors.

CONCLUSION OF LAW

The criteria for service connection for major depressive disorder are met. 38 U.S.C. §§ 1110, 1113, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303(b) (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from May 2004 to November 2005, April to September 2007, and January 2009 to March 2010. This appeal is before the Board of Veterans' Appeals (Board) from a May 2015 rating decision. In November 2021, a hearing was held before the undersigned. 

1. Service connection for an acquired psychiatric disability

To substantiate a claim of service connection, there must be evidence of: (1) a current disability; (2) a pertinent event or injury in service; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-1167 (Fed. Cir. 2004). In evaluating these requirements, VA must analyze all evidence of record and an evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1 (1999); 38 C.F.R. § 3.303(a). Service connection for PTSD may also specifically be granted where there is a medical link made between a current diagnosis and a corroborated in-service stressor, including one based on fear of hostile military or terrorist activity.

The Veteran alleges that he has PTSD related to fear of hostile military or terrorist activity in service. A September 2019 supplemental statement of the case (SSOC) concedes the Veteran's service was consistent with a fear-based stressor and service personnel records show he received hostile file or imminent danger pay and combat zone tax exclusions during deployments between May 2004 and 2005 and January 2009 and March 2010. Moreover, a January 2007 line of duty determination indicates he had difficulty remembering and irritability noted after his first active duty deployment between May 2004 and November 2005 (which included imminent danger pay). A December 2019 private psychiatric evaluation confirmed a diagnosis for PTSD and major depressive disorder and opined that both are related to military service because "significant symptoms began while he was in the military, when he had his first panic attack in 2005, and medically documented in 2007." The only other relevant medical opinion of record is a negative, but inadequate and conclusory, May 2015 VA opinion. 

 

Under the circumstances, and absent any other compelling evidence to the contrary, the Board finds the December 2019 private opinion is persuasive in this matter. Consequently, the Board finds the evidence is at least in relative equipoise as to whether the Veteran has major depressive disorder related to confirmed stressors in service, and the appeal is granted. 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Yuan, 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.