Citation Nr: 21020995 Decision Date: 04/09/21 Archive Date: 04/08/21 DOCKET NO. 17-40 362 DATE: April 9, 2021 ORDER Service connection for chest pain as secondary to service-connected acquired psychiatric disability is granted. FINDING OF FACT The Veteran’s current functional impairment caused by chest pain and headaches is as likely as not caused by her service-connected acquired psychiatric disability. CONCLUSION OF LAW With resolution of reasonable doubt in the Veteran’s favor, the criteria for entitlement to service connection for chest pain as secondary to service-connected acquired psychiatric disability has been satisfied. 38 U.S.C. § 5107 (2012); 38 C.F.R. §§ 3.102, 3.310 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from February 1988 to May 1994, to include service in Southwest Asia from November 1992 to March 1993. In June 2020, the Board granted the issues of entitlement to service connection for right knee disability, back disability, and acquired psychiatric disabilities, and remanded the issue of entitlement to service connection for chest pain for additional evidentiary development. There was substantial compliance with the June 2020 remand directives for the remaining issue on appeal discussed below. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, a VA medical opinion was provided in September 2020 and the case was readjudicated in a November 2020 supplemental statement of the case (SSOC). The case has been returned to the Board for appellate review. Entitlement to service connection for chest pain Service connection may 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). Secondary service connection may also be established for a nonservice-connected disability which is aggravated by a service-connected disability. In such an instance, a veteran may be compensated for the degree of disability over and above the degree of disability existing prior to the aggravation. 38 C.F.R. § 3.310(b); see Allen v. Brown, 7 Vet. App. 439, 448 (1995). In order 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). On September 3, 2015, the Veteran filed a VA Form 21-0966 (Intent to File a Claim for Compensation), and within one year, in May 2016, she filed a VA Form 21-526EZ requesting service connection for chest pain condition. At a July 2017 VA examination for heart conditions, the Veteran reported mid anterior chest pains off and on for 2 to 3 months that last 2 to 3 days. While she denied any associated symptoms of shortness of breath, dizziness, nausea, sweating, etc., she reported getting headaches sometimes and the VA examiner did not render a current diagnosis. The Board notes that pain alone in the absence of a diagnosed condition is capable of causing functional impairment, and functional impairment is considered a disability. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). As a result, the Board finds the Veteran has a current disability, manifested by functional impairment due to chest pain and headaches, during the appeal period. The element of a current disability has been met in this case. Next, review of the record shows that in the September 2020 VA medical opinion, the VA examiner explained why the Veteran’s current symptomatology for chest pain is as likely as not secondary to her service-connected acquired psychiatric disability. Specifically, the examiner noted that “the [V]eteran’s excessive worry, racing thoughts, adjustment and anxiety disorder are as likely as not the contributing factor of this [V]eteran[’]s non-cardiac chest pain for which she has experienced for years.” The Board finds this opinion was based on an accurate factual history and there is no probative contrary medical opinion of record regarding a nexus between this current disability on appeal and her service-connected acquired psychiatric disability on a secondary basis. For the reasons and bases discussed above and after resolving all reasonable doubt in favor of the Veteran, the Board finds that service connection is warranted for chest pain as secondary to her service-connected acquired psychiatric disability. See 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.310. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Carter, 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.