Citation Nr: 22016200 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 18-55 442 DATE: March 21, 2022 ORDER Entitlement to service connection for major depressive disorder (MDD) and generalized anxiety disorder (GAD) is granted. VETERAN'S CONTENTIONS The Veteran contends that he should be granted service connection for his MDD and GAD. See December 2016 VA 21-526EZ. The Veteran stated that due to his combat experience coupled with losing his mother while being deployed, he developed anxiety and depression. See October 2021 Board Hearing Trans. pp. 7-9. The Veteran reported a suicide attempt in service, which was related to his in-service depression symptoms. See October 2019 Private Medical Opinion. The Veteran also reported that he was married during service. However, after separating from service, he had difficulty adapting to civilian life, which led to his divorce. See October 2019 Private Medical Opinion. The Veteran stated that he would have angry outbursts and struggled with adjusting to the roles of fatherhood and marriage. The Veteran also stated that his anger problems, which began during service, have continued since service. See October 2021 Board Hearing Trans. pg. 11. FINDING OF FACT The Veteran's acquired psychiatric disorders had their clinical onsets during service. See October 2019 Private Medical Record and October 2021 Private Medical Record. CONCLUSION OF LAW The criteria for service connection for the Veteran's acquired psychiatric disorders are met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 2000 to May 2005. This matter comes before the Board of Veteran's Appeal (Board) on appeal from a March 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In June 2018, the Veteran testified before a Decision Review Officer (DRO) and in October 2021 he testified before the undersigned Veterans Law Judge (VLJ). Transcripts of those hearings are of record. As an initial matter, the Board notes that entitlement to service connection for the Veteran's acquired psychiatric disorders was initially denied by a prior February 2007 rating decision. Subsequently, in May 2016, relevant service treatment records were associated with the claims file. Pursuant to 38 C.F.R. § 3.156(c), if at any time following issuance of a decision VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided a prior claim, VA will reconsider the claim. By operation of § 3.156(c), an original claim is not just reopened, it is reconsidered and serves as the date of the claim and the earliest date for which benefits may be granted. Stowers v. Shinseki, 26 Vet. App. 550, 554 (2014). As relevant service treatment records were received subsequent to the February 2007 rating decision, new and material evidence is not required to reopen the claims. Service connection for the Veteran's acquired psychiatric disorders is granted. Generally, in order to prove service connection, there must be competent, credible evidence of 1) a current disability, 2) in-service incurrence or aggravation of an injury or disease, and 3) a nexus, or link, between the current disability and the in-service disease or injury. See, e.g., Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Pond v. West, 12 Vet. App. 341 (1999). The Veteran has been diagnosed with major depressive disorder and generalized anxiety disorder. See December 2017 Private Medical Record. He contends that his acquired psychiatric disability had its onset in service. See October 2021 Board Hearing Trans. pg. 11. Next, regarding in-service incurrence, the Board finds that the Veteran's psychiatric disorders began during service. Specifically, the Veteran testified that due to the mortar rounds in service and the alarms, he grew anxious and depressed during service. See October 2021 Board Hearing Trans. pg. 7. As a layperson, the Veteran is competent to report on all things which he has personal knowledge derived from his own senses, including discussing the onset of his anxiety and depression symptoms. See Layno v. Brown, 6 Vet. App. 465, 470 (1994). Further, the Veteran also reported that he had a suicide attempt in January 2004 during service. See December 2011 VA Treatment Record and June 2018 DRO Hearing Transcript pp. 17. Therefore, the Board finds that the in-service incurrence element has been met. In addition to the Veteran's statements, there is negative opinion evidence against the claim. The Board, however, affords the January 2017 negative VA opinion little probative weight because the examiner failed to address the Veteran's VA treatment records that diagnosed him with MDD and GAD. The January 2017 VA examiner opined that the Veteran's claimed condition was less likely than not related to service because he did not meet the DSM-V criteria for posttraumatic stress disorder. See January 2017 VA Medical Opinion. The examiner stated that based on his review of the record, the Veteran's history, and his findings, the Veteran's claimed condition was not related to service. However, the examiner did not reconcile his findings regarding the Veteran meeting only DSM-V criteria for cannabis and alcohol use disorders with the Veteran's VA treatment records, which showed treatment for anxiety and depression. See VA Treatment Records dated July 2006, February 2012, and March 2012. Comparatively, there are also two positive nexus opinions in the record. The October 2019 private psychologist opined that it was at least as likely as not the Veteran's mental condition is a result of his time in the military and the stressors he witnessed and endured while in combat. See October 2019 Private Medical Record. In support of this determination, the examiner considered the Veteran's statements regarding the difficulty he experience adjusting to civilian life and how his angry outburst led to his divorce, which occurred only a year after his separation from service. The examiner also noted that he reviewed the Veteran's service treatment records, his private psychotherapy records, and VA treatment records. This examiner also related his in-service suicide attempt to his depression. Additionally, October 2021 private psychologist opined that the Veteran's MDD and GAD were related to his time in service. Accordingly, based on the Veteran's lay testimony, the two private, positive nexus opinions, the Board finds each of element of service connection is met. Accordingly, service connection for the Veteran's acquired psychiatric disorders, to include MDD and GAD, is warranted. 38 U.S.C. § 5107 (b); 38 C.F.R. §§ 3.102, 3.303; Gilbert v. Derwinski, 1 Vet. App. 49, 53-54 (1990). S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Foster, 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.