Citation Nr: 21008579 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 16-32 381 DATE: February 17, 2021 ORDER Service connection for an acquired psychiatric disorder, to include anxiety, and depression, is granted. Service connection for sleep apnea is granted. FINDINGS OF FACT 1. The Veteran’s acquired psychiatric disorder is reasonably shown to be related to or caused by active service. 2. The Veteran’s sleep apnea is reasonably shown to be related to or caused by active service. CONCLUSIONS OF LAW 1. The criteria are met for service connection for an acquired psychiatric disorder. 38 U.S.C. §§ 1101, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. 2. The criteria are met for service connection for sleep apnea. 38 U.S.C. §§ 1101, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from March 1964 to December 1969. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ) via videoconference. This case was previously before the Board in November 2019 when it was remanded for additional development. The Board finds that there has been substantial compliance with its prior remand directives. See Stegall v. West, 11. Vet. App. 268 (1998). Additionally, the Veteran initially filed claims to establish service connection for PTSD, an anxiety disorder, and depression. In determining the scope of a claim, the Board must consider the Veteran’s description of the claim, symptoms described, and the information submitted or developed in support of the claim. Clemons v. Shinseki, 23 Vet. App. 1 (2009). In light of the decision in Clemons and the diagnoses of record, the Board has expanded the Veteran’s claim to include an acquired psychiatric disorder, and the issue has been recharacterized as stated on the title page. This will provide the most favorable review of the Veteran’s claim in keeping with the holding in Clemons. Service Connection Legal Criteria Service connection may be granted for a disability resulting from disease or injury incurred or aggravated during active military service. 38 U.S.C. § 1110. Generally, service connection requires (1) the existence of a present disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Certain disabilities, including arthritis, organic neurological disorders, and psychoses, are presumed to be serviced connected if manifested to a compensable degree within one year following service. 38 C.F.R. §§ 3.303, 3.307, 3.309. 1. Service connection for an acquired psychiatric disorder is granted. In a January 2020 VA examination report, the examiner noted that the Veteran’s symptoms did not meet the criteria for a diagnosis of PTSD under the DSM-5. However, the Veteran was diagnosed with Other Specified Trauma or Stressor Related Disorder. The examiner noted that the Veteran’s depression, anxiety, and insomnia were “subsumed” under this diagnosis. The VA examiner opined that it was at least as likely as not that the claimed condition was incurred in or caused by the claimed-in-service injury, event, or illness. The rationale was that while the Veteran did not meet the criteria for PTSD, he did have a traumatic event during active service and endorsed some trauma symptoms. The examiner noted that the Veteran received treatment for depression and reported PTSD. Because of this, the Veteran’s medical records support the conclusion that the currently diagnosed Other Specified Trauma or Stressor Related Disorder was at least as likely as not related to his stressor of being electrocuted during active service. Based on this positive opinion, the Board determines that it is at least as likely as not that the Veteran’s current acquired psychological disorder is causally related to active service. Accordingly, resolving all reasonable doubt in the Veteran’s favor, the Board finds that service connection for an acquired psychiatric disorder is warranted. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 125(a). 2. Service connection for sleep apnea is granted. In a January 2020 VA examination report, the Veteran was diagnosed with obstructive sleep apnea. The Veteran reported that his sleep problems began in 1965 during active service. The examiner opined that it was at least as likely as not that the claimed condition was incurred in or caused by the claimed in-service injury, event, or illness. The rationale was that the Veteran’s medical records supported his claim that his sleep apnea was caused by active service. The examiner noted that while the recent January 2020 VA examination report determined that the Veteran did not have PTSD, his stressor event of electrocution, “on an as likely as not basis,” caused sufficient changes in the brain electrochemical properties to disturb his sleep pattern, which led to obstructive sleep apnea. Based on this positive opinion, the Board determines that it is at least as likely as not that the Veteran’s current sleep apnea is causally related to active service. Accordingly, resolving all reasonable doubt in the Veteran’s favor, the Board finds that service connection for sleep apnea is granted. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 125(a). VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Abrams, 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.