Citation Nr: 21025265 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 19-27 460 DATE: April 27, 2021 ORDER Service connection for a psychological disorder, to include anxiety and depression as secondary to non-Hodgkins lymphoma, is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran had a current psychological disability, including anxiety and depression, at any time during the period on appeal. CONCLUSION OF LAW The criteria for service connection for a psychological disorder, to include anxiety and depression as secondary to non-Hodgkins lymphoma, are not met. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131, 5103A, 5107(b); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1964 to March 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a virtual Board hearing in March 2021. A copy of the hearing transcript is associated with the claims file. This case has been advanced on the docket pursuant to 38 C.F.R. § 20.902(c). Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). As a general matter, establishing service connection requires competent evidence of (1) the existence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); 38 C.F.R. § 3.303. Service connection may also be granted for a disability which is proximately due to or aggravated in severity beyond its natural progression by a service-connected injury or disease. 38 U.S.C. § 1110; 38 C.F.R. § 3.310(a); Allen v. Brown, 7 Vet. App. 439 (1995). 1. Service connection for a psychological disorder, to include anxiety and depression secondary to non-Hodgkins lymphoma The Veteran contends that he has a psychological disorder, to include anxiety and depression as secondary to non-Hodgkins lymphoma and the treatment thereof. See July 14, 2017, Fully Developed Claim. Service treatment records do not demonstrate any complaints, treatment, or diagnosis of a psychological disorder or illness during active service. VA treatment records demonstrate that every depression screen of the Veteran was negative, with a score of zero. January 3, 2019, CAPRI; May 18, 2015, CAPRI. The Veteran was afforded VA examinations in August 2017 and March 2019. In August 2017, the examiner opined that the Veteran did not meet the criteria for a mental health diagnosis. August 3, 2017, VA Examination. During the examination, the Veteran described his mood as positive with occasional anxiety due to stopping tobacco use a few months prior. His scores on psychometric testing suggested average physical and mental functioning. The Veteran also completed the Minnesota Multiphasic Personality Inventory -2-Restructure Form (MMPI-2-RF). The Veteran’s profile in the MMPI-2-RF was consistent with most prominent somatic concerns and not suggestive of pervasive emotional or behavioral dysfunction. During the March 2019 VA examination, the Veteran admitted to no formal psychological diagnosis or treatment. The Veteran denied symptoms suggestive of psychosis or posttraumatic stress disorder. March 27, 2019, VA Examination. He admitted to worrying about his health, particularly since he had a recurrence of lymphoma. The examiner stated the Veteran was understandably concerned, but not in a dysfunctional manner. The examiner further noted that the Veteran was a bit sad and frustrated, but within expected normal limits for his situation and the Veteran did not find it limiting or disabling. The examiner opined that the Veteran did not have a psychological disorder. In March 2021, the Veteran testified that his periods of anxiety due to his health condition do not affect him during the day. He explained that he mostly thinks of his health in the evening as he has had some dreams of not waking up or that the cancer will come back. March 2, 2021, Hearing Transcript. The Veteran further testified that he does not experience periods of depression to the extreme where he is violent, suicidal, or homicidal. Rather, the Veteran stated that he constantly fears and that is depressing because he is a very positive person. Socially, the Veteran explained that the doesn’t purposefully avoid people, but he doesn’t invite himself to public functions. He does social things with his wife and children and finds tranquility in mowing the lawn and completing projects around the house. In light of the foregoing, the Board finds that the preponderance of the evidence is against the existence of a current psychological disability, to include anxiety and depression. Without evidence of a current disability, the claim for service connection must be denied. 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Monica Ball Jackson, 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.