Citation Nr: 21074977 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 18-06 445 DATE: December 16, 2021 ORDER Service connection for an acquired psychiatric disorder, characterized as anxiety disorder, is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran's favor, it is at least as likely as not that the Veteran's psychiatric disorder is caused by and/or aggravated by a service-connected disability. CONCLUSION OF LAW he criteria for service connection for an acquired psychiatric disorder, characterized as anxiety disorder, are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304, 3.307, 3.309, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1968 to November 1968. The Veteran originally testified at a hearing in February 2020. However, the recording of that hearing was deemed inaudible, and a new hearing was scheduled, and conducted by the undersigned, in February 2021. While the transcript is not yet of record, there is no prejudice to the Veteran, as the benefit is being granted in full. Service Connection Service connection may be established for a disability resulting from diseases or injuries which are clearly present in service or for a disease diagnosed after discharge from service, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). If a chronic disease, is shown in service, subsequent manifestations of the same chronic disease at any later date, however remote, may be service connected, unless clearly attributable to intercurrent causes. 38 C.F.R. § 3.303 (b). If a condition noted during service is not shown to be chronic, then generally a showing of continuity of symptomatology after service is required for service connection if the disability is one that is listed in 38 C.F.R. § 3.309 (a). The United States Court of Appeals for the Federal Circuit (Federal Circuit) has held that the theory of continuity of symptomatology under 38 C.F.R. § 3.303 (b) does not apply to any condition that has not been recognized as chronic under 38 C.F.R. § 3.309 (a). Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). If a condition noted during service is not shown to be chronic, then generally, a showing of continuity of symptoms after service is required for service connection. 38 C.F.R. § 3.303 (b). Service connection may also be granted for any disease initially diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Entitlement to service connection for an acquired psychiatric disorder, characterized as an anxiety disorder After a detailed review of the record, the Board finds that service connection for a psychiatric disorder is warranted. In this case the Board finds the objective medical evidence and the Veteran's credible statements indicative of a relationship between active-duty service and the Veteran's anxiety disorder. Therefore, the Board finds that the evidence is in relative equipoise to support service connection. As such, service-connection is warranted. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Billinger, Associate Counsel