Citation Nr: 21076204 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 17-17 226A DATE: December 22, 2021 ORDER Entitlement to service connection for an acquired psychiatric disability, to include depression, is granted. FINDING OF FACT The Veteran's depression was reasonably shown to have been related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disability, to include depression, have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1942 to July 1945; from July 1946 to November 1947; and from September 1951 to July 1967, including service in World War II. He died in July 2014. The appellant is his surviving spouse and has been recognized as a valid substitute for purposes of this appeal. This matter is on appeal before the Board of Veterans Appeals (Board) from a November 2007 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In May 2019, June 2020 and August 2021, the case was remanded for further development. Entitlement to service connection for an acquired psychiatric disability, to include depression. The medical evidence shows that the Veteran was diagnosed with depression and was being treating for this illness during the appeal period. See e.g. April 2013 VA geriatric medicine note, indicating that the Veteran was being treated for depression with fluoxetine and trazodone. See also September 2021 VA contract psychologist's opinion, indicating that review of the record showed that the diagnosis of depression had been present. Additionally, the September 2021 opinion specifically concluded that the depression was at least as likely as not incurred in or caused by service, reasoning that there was a consensus that the depression resulted from World War II deployment, the Veteran's loss of his father during the war and the death of his cousin who had also been deployed during World War II. The Board notes that the consensus referred to by the psychologist appears to be gleaned from the lay testimony of record. See e.g. Veteran's September 2007 statement, indicating a history of being "plagued with depression" and the appellant's June 2016 statement, indicating that the Veteran's original claim for service connection for psychiatric disability filed in August 1999 was for depression and sleeplessness. However, as the Board does not have a basis for finding the lay testimony not credible, it can form an adequate basis for the contract psychologist's opinion. Moreover, there is no medical evidence of record to the contrary (i.e. a medical opinion tending to indicate that the Veteran's depression was not related to his military service). Accordingly, resolving all reasonable doubt in the Veteran's favor, service connection for psychiatric disability, to include depression is warranted. 38 C.F.R. §§ 3.102, 3.303; Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). The Board notes that the evidence does not support an award of service connection for posttraumatic stress disorder PTSD (PTSD) as a diagnosis of this disability according to the criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (DSM) was not shown during the appeal. See e.g. January 2020 VA psychiatrist's opinion and September 2021 VA contract psychologist's opinion. See also 38 C.F.R. § 3.304(f). However, an acquired psychiatric disorder, to include depression, for which service connection is being granted, will be assigned a disability rating according to the same underlying criteria used to assign disability ratings for PTSD. See 38 C.F.R. § 4.130. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Dan Brook, 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.