Citation Nr: 21014379 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 17-47 680 DATE: March 12, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his diagnosed persistent depressive disorder had its onset during active duty service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1959 to October 1963. This matter was previously before the Board in February 2019, at which time the issue was remanded for additional development. There has been substantial compliance with the remand in connection with the claim decided here and the Board will proceed with adjudication. Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to service connection for an acquired psychiatric disorder The Veteran contends that he has a psychiatric disorder that had its onset while he was on active duty service. He attributed the disorder to his experiences watching his younger brother die. He stated he was unable to properly process his brother’s death while on active duty. See December 2020 Statement in Support of Claim. The Board concludes that the Veteran has a current diagnosis of persistent depressive disorder that had its onset during his active duty service. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. § 3.303. In support of his claim, the Veteran has submitted a copy of his brother’s death certificate confirming the date of death is May 1962, which is during the period of the Veteran’s active duty service. In September 2020, the Veteran underwent a VA examination where he was diagnosed, in pertinent part, with persistent depressive disorder. The examiner concluded, following a review of the record and examination of the Veteran, that it was at least as likely as not that his persistent depressive disorder was incurred in or caused by the death of his brother while in service, as well as the Veteran’s perceived mistreatment by a sergeant while in boot camp. In support of this conclusion, the examiner noted the Veteran’s reports of feeling depressed, unmotivated and socially isolating after his younger brother’s death. He also considered the Veteran’s reports of having to report back for duty two days after his brother’s funeral, preventing him from having time to grieve the loss. Additionally, the VA examiner noted that the Veteran’s records included an August 2015 letter from the Veteran’s private treatment provider stating that the Veteran’s psychiatric symptoms were tied to military service. The Board finds the September 2020 VA examiner’s opinion is entitled to great probative weight. The examiner addressed the Veteran’s assertion as to the origins of the disability, and she provided an adequate rationale for the conclusion reached based on an examination of the Veteran, the Veteran’s record and sound medical principles. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). There is no medical opinion to the contrary in the record concerning the etiology of the Veteran’s persistent depressive disorder. Based on the foregoing evidence, the Board finds that the preponderance of the evidence is in favor of service connection for an acquired psychiatric condition, and the claim is granted. M. E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jack S. Komperda, 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.