Citation Nr: 21013565 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 17-10 367 DATE: March 9, 2021 ORDER Service connection for an acquired psychiatric disability is granted. FINDINGS OF FACT 1. The Veteran has a diagnosis of dysthymic disorder. 2. He has presented competent and credible lay evidence of stressful or traumatic experiences in service (e.g., fear of loss of life during active service in Kosovo, exposure to multiple solider suicides during service in his job in public affairs). Service records confirm he deployed to Kosovo and had a military occupational specialty in public affairs. 3. The Veteran has also presented competent and credible lay evidence that he “began having mental health issues that affected [his] life and work” during active service directly related to the effects of the multiple suicides. The evidence is at least in relative equipoise as to whether observable symptoms of his psychiatric disability began during service and have persisted since that time. CONCLUSIONS OF LAW The criteria for service connection for an acquired psychiatric disability are met. 38 U.S.C. §§ 1110, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303(b) (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The appellant is a Veteran who served on active duty from February 1983 to July 2005. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision appealed in a timely September 2016 notice of disagreement (NOD) and perfected by a timely February 2017 substantive appeal in response to December 2016 statement of the case (SOC). Although the Veteran was scheduled for a December 2020 hearing in this matter, he withdrew his hearing request by correspondence earlier that month. The Board has consolidated the Veteran’s various claims alleging psychiatric disability and broadened the claim pursuant to Clemons v. Shinseki, 23 Vet. App. 1, 5-6 (2009) (holding that the Board must consider the nature of the Veteran’s claimed condition when assessing the breadth of any particular claim, particularly when he or she is not competent to specify what disability they may have). As explained further below, the Veteran’s NOD reasonably initiated an appeal of a September 2015 decision denying both service connection for psychiatric and dental claims, but no SOC was issued for the latter. Therefore, the Board takes jurisdiction of that matter for the limited purpose of ordering corrective action. For the reasons outlined above, the Board grants service connection for an acquired psychiatric disability, obviating any need for further detailed discussion thereof at this time. REMANDED Service connection for bruxism, including as secondary to a [now] service-connected acquired psychiatric disability, is remanded. REASONS FOR REMAND 1. Service connection for bruxism, including as secondary to psychiatric disability is remanded. The Veteran’s September 2016 VA Form 21-0958 NOD also appealed service connection for a dental condition. Although it identified a February 2016 rating decision (that only addressed psychiatric claims), it was also received within a year of a September 2015 rating decision denying service connection for both psychiatric disability and a dental condition. Therefore, it reasonably initiated an appeal of the September 2015 dental denial. However, corrective action is needed to issue an SOC. The matters are REMANDED for the following action: Issue an SOC addressing the Veteran’s appeal of service connection for a dental condition, claimed as bruxism (or grinding of the teeth), including as secondary to his [now] service-connected acquired psychiatric disability. If the Veteran files a timely substantive appeal in response, forward the claim to the Board for appellate consideration. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Yuan, 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.