Citation Nr: 21030878 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 16-04 734 DATE: May 19, 2021 ORDER Service connection for persistent depressive disorder, claimed as secondary to service-connected left knee disabilities, is granted. FINDING OF FACT The preponderance of the evidence shows the Veteran's persistent depressive disorder is proximately due to or the result of his service-connected left knee disabilities. CONCLUSION OF LAW The criteria for entitlement to service connection for persistent depressive disorder have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from October 1974 to October 1977. This matter is before the Board of Veterans' Appeal (Board) on appeal from a June 2014 rating decision issued by a Department of Veteran Affairs (VA) Regional Office (RO). As to the above appeal, the matter was denied in a June 2019 Board decision. However, the United States Court of Appeals for Veterans Claims (Court) approved a May 2020 Joint Motion for Remand that vacated the denial and remanded the matter to the Board. Service connection for persistent depressive disorder, claimed as secondary to service-connected left knee disabilities. The Veteran is seeking service connection for an acquired psychiatric disorder. The Veteran contends that his claimed acquired psychiatric disorder is proximately due to or the result of a service-connected left knee disabilities. Service connection may also be established on a secondary basis for a disability that is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. 38 C.F.R. § 3.310(b). First, private treatment records clearly demonstrate that the Veteran has been diagnosed as suffering from persistent depressive disorder. See January 2021 Private Treatment Record. Review of the record also establishes that the Veteran is currently service connected for disabilities of the left knee. Therefore, the question for the Board is whether the Veteran's service-connected left knee disability causes or aggravates his depressive disorder. The Board finds that the ponderance of the evidence is for the finding that the Veteran's persistent depressive disorder is secondary to the Veteran's service-connected left knee disability. To support his claim, the Veteran submitted a November 2020 private medical opinion, from by C. Morgan, PhD, HSPP. The private psychologist opined that the Veteran's current depressive disorder is aggravated by the pain associated with the Veteran's left knee disability. The private examiner found the Veteran description of his severe functional impairment of his left knee to affect the Veteran's mental health, to include a depressive disorder. Accordingly, the Board finds there is competent evidence of record establishing a link between the Veteran's acquired psychiatric disability and his service-connected left knee disability. Therefore, service connection is warranted. Finally, though the Veteran's representative has advanced a number of different theories and contentions as to why service connection may be warranted, the Board's grant of service connection for persistent depressive disorder constitutes a complete grant of benefits sought, such that discussion of those competing theories is unwarranted. Further, the Board previously denied service connection for posttraumatic stress disorder on the basis that PTSD had not been formally diagnosed during the appeal period. The Veteran's attorney made no argument as to that fact, and no further discussion as to PTSD is warranted. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.R. Higgins, 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.