Citation Nr: 21005798 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 16-00 897 DATE: February 2, 2021 ORDER Service connection for an acquired psychiatric disorder other than PTSD, to include persistent depressive disorder, is granted. FINDING OF FACT The weight of the evidence of record shows that it is at least as likely as not that the Veteran’s psychiatric disorder was incurred during his active military service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder, other than PTSD, to include persistent depressive disorder, have been met. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran honorably served on active duty in the U.S. Navy from January 1966 to October 1969, to include his service in the territorial waters off the coast of the Republic of Vietnam. In an April 2015 rating decision, the Regional Office (RO) denied his claim for service connection for a mental disability, to include post-traumatic stress disorder (PTSD), major depressive disorder, and bipolar disorder. The Veteran appealed. In June 2019, he testified via a Board’s video conference hearing, a transcript of which is of record. In November 2019, the Board remanded the claim for a mental health evaluation and nexus opinion which was obtained in October 2020. In November 2020, the RO issued a supplemental statement of the case affirming its prior denial and returned the appeal to the Board. Service connection generally is granted for the claimed current disability, so long as the evidence of record shows that it is at least as likely as not that such disability was incurred in service. See 38 U.S.C. § 1110; 38 C.F.R. 3.303(d). In cases, where no official record of such incurrence exists, satisfactory lay or other evidence that a disability was incurred in combat will be accepted as sufficient proof of service connection, provided that such evidence is consistent with the circumstances, conditions or hardships of service. See 38 U.S.C. § 1154(b); 38 C.F.R. § 3.304(d). Here, an October 2020 VA mental health examination report reflects that the Veteran meets the full DSM-V criteria for persistent depressive disorder which, in the examiner’s opinion, at least as likely as not (50 percent or greater probability) was incurred in service during his 11-month-long deployment in support of combat operations in the Republic of Vietnam in 1968. The examiner particularly notes that the Veteran’s symptoms associated with his current psychiatric disorder had manifested while he was in the military. For example, the examiner notes the Veteran’s report that he began experiencing depression symptomatology during his deployment in 1968. He stated that he had experienced constant stress likely leading to his depression symptoms, to include crying spells, difficulty concentrating, extreme sadness, increased worry, irrational thoughts, fatigue, sleep impairment, and self-loathing. The examiner further notes that the letter from the Veteran’s physician (dated 03/03/14) reflects an opinion that the Veteran incurred his psychiatric disorder in service, and the letters from wife (dated 07/27/2015) and from ex-wife (date unknown) corroborate the Veteran’s recount of being “happy go lucky kind of guy” prior to his deployment but never the same upon his return home. Based on this evidence, along with a detailed video telehealth evaluation, and review of the entire claims file, the examiner ultimately concludes that the Veteran’s current persistent depressive disorder was caused by combat stress during his deployment to Vietnam. Given this persuasive medical opinion, no affirmative evidence to the contrary, the Board’s prior finding that the Veteran’s sworn testimony including the onset of his depression in service is consistent with the circumstances, conditions or hardships of service and thus is credible, the Board finds that it is at least as likely as not that the Veteran’s acquired psychiatric disorder other than PTSD, to include persistent depressive disorder, was incurred in service. As such, the legal criteria for a grant of service connection have been met. Accordingly, service connection for an acquired psychiatric disorder other than PTSD, to include persistent depressive disorder, is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Alex Bardin, 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.