Citation Nr: 22013010 Decision Date: 03/08/22 Archive Date: 03/08/22 DOCKET NO. 13-04 000 DATE: March 8, 2022 ORDER Entitlement to service connection for an acquired psychiatric disorder, diagnosed as unspecified depressive disorder with anxious distress, is granted. FINDING OF FACT The Veteran's current unspecified depressive disorder with anxious distress is related to his military service. CONCLUSION OF LAW The criteria for service connection for unspecified depressive disorder with anxious distress have been satisfied. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1966 to August 1968, including service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) from a July 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board denied this claim in April 2020, and the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In August 2021, the Court granted a Joint Motion for Remand (JMR) in which the parties agreed to vacate the April 2020 decision and remand the matters to the Board. The issue of entitlement to service connection for posttraumatic stress disorder (PTSD) has been recharacterized as service connection of an acquired psychiatric disorder in accordance with Clemons v. Shinseki, 23 Vet. App. 1 (2009). 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 service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called "nexus" requirement. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran contends that he suffers from an acquired psychiatric disorder as a result of his military service in the Republic of Vietnam. The Veteran recounts his base being under attack, seeing dead bodies, and fearing for his life while stationed in the Republic of Vietnam. Service treatment records are silent for any complaints, treatment, or diagnosis of any psychiatric disorder in service. Service personnel records demonstrate that the Veteran was a military vehicle driver in the Republic of Vietnam. Most recently, the Veteran underwent a VA examination in February 2020 at which time he was diagnosed with unspecified depressive disorder with anxious distress. The examiner stated that this condition was at least as likely as not due to his military stressors in the Republic of Vietnam. The examiner continued that the Veteran is given the benefit of the doubt that at least some of his current depressive and anxiety related symptoms that make up his current unspecified depressive disorder with anxious distress developed in response to his reported military stressors. Therefore, his unspecified depressive disorder, with anxious distress was at least as likely as not a result of an in-service stressor related event. Although the February 2020 VA medical opinion is at odds with prior VA medical opinions, at worst, the evidence with respect to whether the Veteran's current psychiatric disorder is related to his active military service is in evenly balanced. Resolving the benefit of the doubt in favor of the Veteran, the Board finds the probative, competent evidence demonstrate that his unspecified depressive disorder with anxious distress is a result of his military service. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc) (only when the evidence persuasively favors one side or another is the benefit of the doubt doctrine not for application). Therefore, service connection for unspecified depressive disorder with anxious distress is granted. Joshua Castillo Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Hofmeister 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.