Citation Nr: 21010352 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 16-56 328 DATE: February 24, 2021 ORDER Service connection for a psychiatric disability is granted. FINDING OF FACT The probative evidence of record is at least in equipoise as to whether the Veteran’s psychiatric disability is etiologically related to active duty service. CONCLUSION OF LAW With resolution of reasonable doubt in the Veteran’s favor, the criteria for a grant of service connection for a psychiatric disability have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Army from July 1966 to July 1968, including service in the Vietnam War. These matters are on appeal from a February 2013 rating decision. In a February 2020 decision, the Board remanded the issue being decided below to attempt to obtain a more legible copy of the Veteran’s April 2014 posttraumatic stress disorder (PTSD) questionnaire and to adjudicate the issue on the merits. The Agency of Original Jurisdiction (AOJ) has done so.  There was therefore substantial compliance with the remand directives.  See Stegall v. West, 11 Vet. App. 268 (1998).   1. Psychiatric Disability The Veteran contends that he has a psychiatric disability that is etiologically related to his active duty service. Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). Generally, in order to prove service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). The benefit of the doubt rule provides that a veteran will prevail in a case where the positive evidence is in a relative balance with the negative evidence. Therefore, the Veteran prevails in a claim when (1) the weight of the evidence supports the claim or (2) when the evidence is in equipoise. It is only when the weight of the evidence is against the claim that the claim must be denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). At the time of the Veteran’s May 1968 separation examination, he reported a history of depression or excessive worry. VA received the Veteran’s claim for service connection on March 2, 2012, which is therefore the beginning of the period on appeal. 38 C.F.R. § 3.400 (2020). In an April 2012 VA treatment record, the Veteran’s treating VA psychiatrist diagnosed depression in partial remission and opined that it “is more likely than not that the depression is, in past due to the sequelae of having been in combat.” From the context, the Board finds that “past” was likely a typographical error and intended to read “part.” The Veteran’s service personnel records indicate that he served in the Republic of Vietnam during the Vietnam War. The Veteran was afforded a VA examination in August 2012, by a psychologist. The psychologist diagnosed cognitive disorder and depressive disorder not otherwise specified, but did not provide an opinion with regard to their etiology. In a December 2012 addendum opinion, a different VA psychologist declined to provide a nexus opinion with regard to these diagnoses because they were unable to do so without resorting to speculation. The Veteran was afforded an additional VA examination in November 2020, by a third psychologist. This psychologist noted past diagnoses but found that the Veteran’s symptoms did not currently meet the criteria for a diagnosis of any mental disorder and therefore provided no opinion with regard to nexus. As stated above, the period on appeal began on March 2, 2012 and any disability present after that date is “current” for the purposes of this appeal. This examination report is therefore inadequate. The Veteran reported a history of depression or excessive worry at the time of his separation from active duty service and his treating VA psychiatrist opined that it was more likely than not that his depression was partially due to his experiences in Vietnam. The record contains no probative medical opinions to the contrary. In light of the totality of the circumstances, and after resolving all reasonable doubt in his favor, the evidence of record supports a finding that it is at least as likely as not that the Veteran’s depression is etiologically related to his active duty service. Accordingly, the Board finds that granting service connection for a psychiatric disability is the decision that is the most consistent with VA’s policy to administer the law under a broad and liberal interpretation consistent with the facts of the case. 38 C.F.R. § 3.303(a). D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Ryan Frank, 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.