Citation Nr: 21012687 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 18-18 445 DATE: March 4, 2021 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD), unspecified anxiety disorder, and depressive disorder is granted. FINDING OF FACT The Veteran’s PTSD, unspecified anxiety disorder, and depressive disorder is related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for PTSD, unspecified anxiety disorder, and depressive disorder have been met. 38 U.S.C. §§ 1110, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 2001 to December 2004. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision by the Department of Veterans Affairs (VA). In February 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. After reviewing the evidence of record, and in light of Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the Board has recharacterized the issues of service connection for depression and unspecified anxiety disorder to encompass any acquired psychological disorder. The Board notes that the Veteran’s representative at the time withdrew the issues of service connection for migraine headaches, an increased rating for obstructive sleep apnea, and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) in November 2017 written correspondence. As a result, those issues are no longer on appeal and remand pursuant to Manlincon v. West, 12 Vet. App. 238 (1999) is inappropriate. Entitlement to service connection for an acquired psychological disorder Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires evidence showing: (1) a current disability; (2) incurrence or aggravation of a disease or injury in service; and (3) a nexus between the current disability and the disease or injury incurred or aggravated in service. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). 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). Service connection for PTSD requires credible supporting evidence that the claimed inservice stressor occurred. 38 C.F.R. § 3.304(f). The Veteran has provided a detailed account of several events during service that he believes are related to his current psychological disorder, to include instances of racial discrimination and sexual harassment. See, e.g., November 2017 correspondence. He obtained mental health treatment during service and was initially diagnosed with adjustment disorder with depressed mood. At the end of his treatment, he was noted to have no psychological disorder. See November 2002 service treatment records (STRs). However, he testified that he continued to experience psychological symptoms throughout service and after his separation from service. See February 2021 Board hearing. The Veteran has several diagnoses of record, including unspecified anxiety disorder, see February 2013 VA treatment records, depressive disorder, see December 2017 VA treatment records, and PTSD. See January 2018 VA treatment records. Although a March 2014 VA examiner only diagnosed unspecified anxiety disorder, she did not have the opportunity to consider the later diagnoses of record. As a result, the absence of a diagnosis of PTSD and depressive disorder by the VA examiner is given no probative weight. A treating VA psychologist opined that the Veteran developed symptoms of PTSD and depression during service. She also opined that while the Veteran did not have attention deficit hyperactivity disorder (ADHD), he developed ADHD-like symptoms, such as difficulty with attention and concentration, during service that are “core symptoms” of anxiety and depressive disorders. See April 2018 VA treatment records. The Board finds the opinion adequate to reflect that the Veteran’s psychological symptoms associated with his diagnosed PTSD, unspecified anxiety disorder, and depressive disorder were incurred during service. As a result, the opinion is given significant probative weight. The March 2014 VA examiner opined that it was less likely than not that the Veteran’s unspecified anxiety disorder was related to service. However, the examiner relied on the absence of evidence in service records and did not have the opportunity to consider the Veteran’s testimony regarding symptoms continuing after in-service mental health treatment ended. As a result, the opinion is inadequate and assigned no probative weight. CONTINUED ON NEXT PAGE The Veteran’s treatment in service is corroborating evidence that the Veteran experienced his in-service stressors and began to develop symptoms of his currently diagnosed disabilities. After considering the opinion by the VA treating psychologist, the Board finds that the Veteran’s PTSD, unspecified anxiety disorder, and depressive disorder are related to service, and service connection is warranted. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Sandler, 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.