Citation Nr: 21076819 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 16-35 493A DATE: December 27, 2021 ORDER Entitlement to service connection for sleep apnea is dismissed. Entitlement to service connection for an acquired psychiatric condition, to include generalized anxiety disorder, major depressive disorder, memory disorder, and posttraumatic stress disorder (PTSD) is granted. FINDINGS OF FACT 1. The Veteran's claim for service connection for sleep apnea was granted in a March 2021 rating decision. This decision represents a full grant of the benefits sought on appeal. 2. The Veteran's psychiatric condition was caused or aggravated by his service-connected disabilities. CONCLUSIONS OF LAW 1. The criteria for dismissal of service connection for sleep apnea have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for service connection for an acquired psychiatric condition have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1994 to September 1999, with various periods of ACDUTRA and INACDUTRA service with the Army National Guard. In characterizing the issues on appeal, the Board recognizes that when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled. Clemons v. Shinseki, 23 Vet. App. 1 (2009). As the medical evidence of record indicates that in the past, the Veteran has received multiple psychiatric diagnoses, the issue of entitlement to service connection for PTSD and service connection for generalized anxiety disorder have been consolidated and expanded as noted above, consistent with Clemons. 1. Entitlement to service connection for sleep apnea Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. During the pendency of the appeal, a March 2021 rating decision granted the Veteran's claim for service connection for sleep apnea. This decision represents a full grant of the benefits sought on appeal. As there is no case or controversy for the Board to adjudicate, the claim is dismissed. Id. 2. Entitlement to service connection for an acquired psychiatric condition, to include generalized anxiety disorder, major depressive disorder, memory disorder, and posttraumatic stress disorder (PTSD) The Veteran contends that he suffers from a psychiatric condition that is related to active service. Alternatively, he contends that the condition is caused or aggravated by his service-connected disabilities. Service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). As the grant herein is based on secondary service connection, the analysis below will be limited to evidence related to causation and aggravation of the Veteran's psychiatric conditions by his service-connected disabilities. During the course of the appeal, the evidence of record shows diagnoses of several psychiatric conditions, to include PTSD, generalized anxiety disorder, major depression, and a memory disorder. See Medical Treatment Record Non-Government Facility, submitted September 3, 2015; December 2018 VA Examination; February 2021 VA Examination. Additionally, the Veteran is service connected for a multitude of musculoskeletal disabilities, sleep apnea, and tinnitus. The remaining inquiry for the Board is whether the Veteran's psychiatric condition is caused or aggravated by his service-connected disabilities. In a July 2017 statement, the Veteran reported that his pain made him anxious, depressed, and irritable. He also reported that he was prescribed Meloxicam and Tramadol for pain, and that one of the side effects was anxiety. See Correspondence, submitted May 3, 2018. In a July 2020 VA treatment record, the Veteran reported pain that impacts his mood as lack of motivation, irritability, distant from others, intrusive thoughts, and marital distress. See CAPRI records, submitted March 16, 2021. In an August 2020 VA treatment record, the Veteran was noted to have anxiety and depressive symptoms in the setting of chronic pain. The Veteran reported chronic pain that interferes with functioning. Specifically, he reported anxiety, isolation, frustration, irritability, preferring to be alone, that he isolates, feels anxious and sad, is unable to sleep well, cries, and has poor concentration. Id. At the time of a December 2018 VA examination, the examiner noted a diagnosis of depressive disorder. The examiner further indicated that the Veteran had developed a depressive disorder secondary to several medical conditions, such as chronic pain, sleep apnea, and tinnitus. The Veteran was afforded a VA examination and medical opinion in February 2021, and an addendum opinion was also obtained in March 2021. The examiner indicated that the Veteran had a diagnosis of major depressive disorder, but did not meet the criteria for a diagnosis of PTSD. The examiner further indicated that chronic pain was relevant to the understanding or management of the mental health disorder. While the examiner found that that the Veteran's psychiatric condition was not directly related to service, the examiner indicated that the Veteran's chronic pain had been documented as a "stressor" of his psychiatric condition on multiple occasions in psychological and psychiatric treatment notes. Here, the Board finds that resolving reasonable doubt in favor of the Veteran, the lay and medical evidence of record, taken in conjunction with the December 2018 and March 2021 examiners' opinions, supports a finding that the Veteran's psychiatric condition is caused or aggravated by his service-connected disabilities. Additionally, there is no medical opinion of record to refute this finding. Based on the forgoing, service connection is warranted for an acquired psychiatric condition. MARJORIE A. AUER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Marsh II, Associate 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.