Citation Nr: 21013365 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 16-18 019 DATE: March 9, 2021 ORDER Entitlement to service connection for an acquired psychiatric disability is granted. FINDING OF FACT The evidence reasonably shows the Veteran’s psychiatric disability is secondary to his service-connected disabilities. CONCLUSION OF LAW The criteria for entitlement to service connection for a psychiatric disability, to include memory loss have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1974 to July 1981. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision issued by a Department of Veterans Affairs Regional Office (RO). The Board remanded the matter in October 2018 to allow for the Veteran to be provided an examination addressing the nature and etiology of his memory loss condition. In February 2020, the Board denied the Veteran’s claim. Subsequently, the Veteran appealed the Board’s February 2020 decision to the Court of Appeals for Veterans Claims (Court). The Court remanded the matter upon a joint motion for partial remand (JPMR) agreed to by both the Veteran and VA. The matter has now come before the Board again for adjudication. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Direct service connection may not be granted without evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disease or injury. 38 U.S.C. § 1112; 38 C.F.R. § 3.304. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be established on a secondary basis for a disability which is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). To establish entitlement to service connection on a secondary basis, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical evidence establishing a nexus between the service-connected disability and the current disability. See Wallin v. West, 11 Vet. App. 509, 512 (1998). The determination as to whether the requirements for service connection are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. 38 U.S.C. § 7104(a); Baldwin v. West, 13 Vet. App. 1 (1999); see 38 C.F.R. § 3.303(a). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). 1. Entitlement to service connection for psychiatric disability The Veteran, through his representative, asserts that he is entitled to service connection for his psychiatric disability as such is related to his service; or in the alternative secondary to his service-connected right knee, right shoulder, and cervical spine disabilities, to include medications taken for such disabilities. The Veteran’s service treatment records show no complaints of or treatment for a psychiatric disability. The Veteran’s right knee, right shoulder, and cervical spine disabilities are service-connected due to an in-service injury. Pursuant to the October 2018 Board remand, the Veteran was afforded a VA examination in January 2019. The examiner diagnosed the Veteran’s symptoms of depressed mood and affect, memory loss, anxiety, and depression collectively as an unspecified depressive disorder and unspecified anxiety disorder. The examiner stated that these two mental disorders were not independent of each other and rather stemmed from the same etiology. The examiner indicated that the Veteran’s mental health disorders, (of which memory loss, depressed mood, and other manifestations are symptoms) are related to the Veteran’s service-connected disabilities. The examiner specifically noted that the Veteran’s service-connected disabilities, namely right knee, right shoulder, and cervical spine disabilities manifest in pain that “can negatively impact mood and affect, resulting low mood and anxiety.” The examiner also indicated that the Veteran’s psychiatric disability was directly related to the injury he sustained in service that his service-connected right knee, right shoulder, and cervical spine stemmed from. The Board finds that collectively the examination and opinions reasonably show the Veteran’s current psychiatric disability is secondary to his service-connected right knee, right shoulder, and cervical spine disabilities. Indeed, the examiner states that the pain the Veteran experiences from his service-connected disabilities negatively impacts his mood and causes depression and anxiety. Based on these findings, the Board notes that all elements for secondary service connection are met. Indeed, a psychiatric disability is diagnosed; right knee, right shoulder, and cervical spine are all service connected; and the January 2019 VA examination report and opinion reasonably show that the psychiatric disability is proximately due to the right knee, right shoulder, and cervical spine disabilities. As such, service connection for a psychiatric disability is warranted on a secondary basis. The appeals are granted. M. MCPHAULL Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Kashif I. Ali, 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.