Citation Nr: 21013488 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 19-02 795A DATE: March 9, 2021 ORDER Service connection for an acquired psychiatric disorder other than posttraumatic stress disorder, to include depression, anxiety, and insomnia, is granted. FINDING OF FACT The Veteran’s depression, anxiety and insomnia cannot be satisfactorily disassociated from his service-connected posttraumatic stress disorder (PTSD), and his claim of service connection for an acquired psychiatric disorder has been pending since October 17, 2016. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder other than PTSD, to include depression, anxiety, and insomnia have been met. 38 U.S.C. §§ 1110, 1112, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 2005 to September 2007. This case is before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. In that decision, the RO denied entitlement to service connection for depression, anxiety, and a sleep disorder. In January 2018, VA received the Veteran’s Notice of Disagreement (NOD). In January 2019, the RO issued a Statement of the Case (SOC). In February 2019, VA received the Veteran’s VA Form 9 appeal to the Board. During the period on appeal, the Veteran filed a separate claim of service connection for PTSD, and, in a February 2021 rating decision, the RO granted service connection for PTSD and assigned an initial disability rating of 50 percent, effective from November 13, 2020. Despite this grant, a decision in the current appeal remains pertinent for purposes of establishing an earlier effective date for service connection. In February 2021, the Veteran testified at a video conference hearing at the RO before the undersigned Veterans Law Judge (VLJ). This decision was prepared before the hearing transcript was added to the claims file, pursuant to the Board’s One Touch program, and it represents a full grant of benefits sought on appeal. The Veteran’s claim is liberally construed, and as such, has been recharacterized to include all diagnosed psychiatric disorders. Clemons v. Shinseki, 23 Vet. App. 1 (2009) (when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled). Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303.  The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Entitlement to service connection for an acquired psychiatric disorder, other than PTSD, including depression, anxiety, and an insomnia disorder. The Veteran contends that, in addition to his service-connected PTSD, separate grants of service connection are warranted for depression, anxiety, and a sleep disorder. A January 2021 VA examiner found that the Veteran had a diagnosis of PTSD with symptoms including depressed mood, anxiety, and chronic sleep impairment. The Veteran has separate diagnoses of major depressive disorder and unspecified anxiety disorder. The record also provides evidence of extensive treatment for insomnia. However, VA treatment records provide no indication of differing clinical courses for these separate diagnoses. In light of ample evidence of significant overlap between the Veteran’s service-connected PTSD, depression, anxiety, and sleep disorder, the Veteran’s depression, anxiety, and sleep disorder cannot be satisfactorily disassociated from his service-connected PTSD. As noted above, service connection for PTSD is currently effective from November 13, 2020 with an initial 50 percent disability rating assigned. The claims period for the issues of service connection for depression, anxiety, and a sleep disorder long predates the current effective date for service connection for PTSD. In this regard, the Veteran’s claims for service connection for depression, anxiety, and a sleep disorder were received on October 17, 2016. While this grant will not result in multiple mental health disability ratings, the grant of service connection established by this decision may result in an earlier effective date for the Veteran’s psychiatric disorder, given that the Veteran was symptomatic for depression, anxiety, and sleep problems throughout the period covered by this claim, which has been pending since before the November 13, 2020 effective date currently assigned for the service-connected PTSD. Accordingly, with resolution of any doubt in the Veteran’s favor, service connection for an acquired psychiatric disorder depression, anxiety, and a sleep disorder is warranted. L. B. CRYAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Small, Attorney Advisor 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.