Citation Nr: 22013752 Decision Date: 03/10/22 Archive Date: 03/10/22 DOCKET NO. 14-35 571A DATE: March 10, 2022 ORDER Entitlement to service connection for an acquired psychiatric disability, to include anxiety and depression, is granted. FINDING OF FACT Resolving all doubt in favor of the Veteran, the competent evidence indicates that his acquired psychiatric disability, to include anxiety and depression, is due to his military service. CONCLUSION OF LAW The criteria for entitlement to service connection for a psychiatric disability, to include anxiety and depression, have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2018); 38 C.F.R. §§ 3.102, 3.303 (2021). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1998 to December 2003, with additional periods of reserve service. This matter came before the Board of Veterans Appeals (Board) on appeal from an August 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran's appeal was not certified to the Board until May 2021. Entitlement to service connection for a psychiatric disability, to include anxiety and depression The Veteran contends that he is entitled to service connection for an acquired psychiatric disability, to include anxiety and depression. For the reasons that follow, the Board finds that service connection is warranted. Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); 38 C.F.R. § 3.303(a). Service connection may be established for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes the disease was incurred in service. 38 C.F.R. § 3.303(d). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). If the evidence is not in approximate balance or nearly equal in the veteran's favor, the claim must be denied. Lynch v. McDonough, 2021 U.S. App. LEXIS 37307, No. 2020-2067 (Fed. Cir., Dec. 17, 2021). January 1994 service treatment records noted symptoms of depression and anxiety. February 2012 VA treatment records noted "depressed, anxious mood related to military experience." July 2020 VA treatment records noted depression. A June 2011 VA examination diagnosed depressive disorder and anxiety disorder, not otherwise specified. The examiner noted the Veteran's reports of having anxiety secondary to not being allowed to become a commissioned officer in the U.S. Navy. The examiner also referenced a notation in the Veteran's service treatment records indicating anxiety and stress. Despite this, the examiner concluded that the Veteran's psychiatric disability was not likely due to service because there was no chronicity of care. The Board notes, however, that the examiner ignored the Veteran's statements that he was depressed since leaving service. As such, the opinion is inadequate and affords it no probative weight. However, with regard to the diagnoses of depression and anxiety noted by the June 2011 examiner, the Board finds the examination and diagnoses rendered adequate for appellate review. There is no evidence that the examiner was not competent or credible, and as the report is based on the Veteran's statements, in-person examination and the examiner's observations, the Board finds it is entitled to significant probative weight. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 30205 (2008). Upon consideration of the above, the Board finds that the evidence is at least in equipoise in favor of the claim. Service treatment records noted symptoms of anxiety and depression. VA treatment records noted depression "related to military experience." The June 2011 VA examination diagnosed anxiety and depression and noted the Veteran's reports of anxiety secondary to not being allowed to become a commissioned officer. The Veteran has consistently stated that he experienced depression in service and since and has consistently attributed the same to his failed career in the military. Therefore, resolving reasonable doubt in the Veteran's favor, the Board finds that his acquired psychiatric disability, to include anxiety and depression, is due to service. Service connection is therefore warranted. E. I. Velez Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Y. Akkad 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.