Citation Nr: 21073275
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 16-15 186
DATE: December 8, 2021

ORDER

Entitlement to service connection for bipolar II disorder is granted.  

FINDING OF FACT

Bipolar II disorder has been shown to have originated during active service. 

CONCLUSION OF LAW

The criteria for service connection for bipolar II disorder have been met.  38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from April 1976 to March 1977. 

Service connection for a Psychiatric Disability

Service connection may be granted for recurrent disability arising from disease or injury incurred in or aggravated by active service.  38 U.S.C. § 1131.  Service connection may 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).  

The service treatment records do not refer to a psychiatric disability.  The report of the March 1977 physical examination for service separation states that the Veteran was found to exhibit no psychiatric abnormalities.  

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A June 2016 written statement from the Veteran's Department of Veterans Affairs (VA) treating psychologist states that the Veteran was diagnosed with bipolar II disorder.  He conveyed that he "completed psychological evaluation of the Veteran engaged in treatment" and reviewed "historic records, both Air Force and private sector health records."  The VA psychologist concluded that the diagnosed bipolar II disorder was "more likely than not related to (greater than 50 %)" related to active service.  A June 2016 VA treatment record conveys that the treating VA psychologist commented that "after reviewing his extensive documentation, as well as current/previous clinical interview, it does appear more likely than not that his military service exacerbated his Bipolar II."  

The service treatment records do not refer to a psychiatric disability.  Following service separation, the Veteran was diagnosed with bipolar II disorder.  The Veteran's treating VA psychologist concluded that the diagnosed bipolar II disorder was "more likely than not related to (greater than 50 %)"and "it does appear more likely than not that his military service exacerbated his Bipolar II."  Given the significant probative weight of the treating VA psychologist's observation of the Veteran, the Board finds that the evidence is in at least equipoise as to whether the diagnosed bipolar disability originated during active service.  Upon resolution of all reasonable doubt in the Veteran's favor, the Board of Veterans' Appeals concludes that service connection for bipolar II disorder is warranted.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.R. Kardian, 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.