Citation Nr: 22016233 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 18-24 755 DATE: March 21, 2022 ORDER Entitlement to service connection for an acquired psychiatric condition, other than posttraumatic stress disorder (PTSD), is granted. REMANDED Entitlement to service connection for tinnitus is remanded. Entitlement to service connection for a left forearm condition is remanded. Entitlement to service connection for a right wrist condition, claimed as a forearm condition, is remanded. Entitlement to service connection for a right hand condition is remanded. Entitlement to service connection for a lower back condition is remanded. Entitlement to service-connection for PTSD is remanded. FINDING OF FACT The evidence of record is at least in approximate balance as to whether the Veteran's acquired psychiatric conditions, other than PTSD, arose during or as a result of his active service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric condition, other than PTSD, have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from May 1979 to August 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from April 2016, July 2016, and December 2016 rating decisions of a VA Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at an October 2021 hearing before the Board of Veterans' Appeals (Board). Entitlement to service connection for an acquired psychiatric condition, other than PTSD The Veteran asserts that he experiences an acquired psychiatric condition, other than PTSD, that arose during or due to his active service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). In this case, in September 2015, the Veteran filed a claim for service connection for anxiety or depression. The Veteran's service treatment records (STRs) are negative for complaints, treatment, or diagnosis of any mental health condition. In a September 2016 statement in support of his claim, the Veteran asserted that he witnessed a fellow service member be killed or injured during a parachuting exercise. November 2015 VA treatment records reflect treatment for PTSD and multiple forms of substance abuse. September 2016 VA treatment records reflect treatment for depression and multiple forms of substance abuse. During the Veteran's December 2016 VA examination for PTSD, the VA examiner found that he did not meet the criteria for a diagnosis for any acquired psychiatric condition. The examiner found that the Veteran overreported and exaggerated his symptoms. The Veteran reported experiencing depression, chronic sleep impairment, panic attacks, and prior suicidal ideation. In the examiner's opinion, the Veteran's statements were inconsistent, and his symptoms were exaggerated; therefore, he did not meet the criteria for a diagnosis for any acquired psychiatric condition. During the October 2021 Board hearing, the Veteran testified that he believed his mental health conditions began during service, and he attributed his chronic depression and substance abuse disorders to his time in service. He testified that he was almost shot by a fellow servicemember at one time during service. The Veteran did not mention the parachuting incident he had reported earlier. In a December 2021 opinion by a private psychologist, the psychologist found that the Veteran met the criteria for diagnoses for adjustment disorder with anxiety, persistent depressive disorder, and polysubstance abuse disorder, and these conditions were all at least as likely as not due to service. The psychologist offered a lengthy, detailed review of the Veteran's history in service and post-service treatment history. They also interviewed the Veteran. They attributed his mental health conditions to injuries and traumatic events he experienced during service. Given the psychologist's expertise and the quality of their rationale, the Board lends the December 2021 private medical opinion significant probative weight. The Board finds that the evidence of record is at least in approximate balance as to whether the Veteran's current acquired psychiatric disorders, other than PTSD, arose during or as a result of his active service. While the VA examiner found he did not meet the criteria for a diagnosis for a psychiatric condition, the Veteran's VA treatment records reflect diagnoses and treatment for such conditions, as does the private medical opinion. The Veteran's STRs are negative for mental health conditions, and there is a significant gap in time between his leaving service, and the first documented treatment for mental health conditions. However, the private medical opinion submitted by the Veteran provides a supportive etiology opinion with a thorough rationale. Based on these facts, the Board finds the evidence of record is at least in approximate balance. Therefore, the benefit of the doubt will be afforded to the Veteran. Accordingly, the Veteran's claim for service connection for an acquired psychiatric disorder, other than PTSD, is granted. REASONS FOR REMAND Entitlement to service connection for tinnitus, a left forearm condition, a right wrist condition, claimed as a forearm condition, a right hand condition, a lower back condition, and PTSD is remanded. The Veteran asserts that he experiences tinnitus, a left forearm condition, right wrist condition, right hand condition, a lower back condition, and PTSD that each arose during or as a result of his active service. The Veteran was afforded VA examinations for these conditions in April, June, August, and December 2016. In September 2021 correspondence, the Veteran's representative argued that she wished to object to the VA examiners' qualification but lacked the necessary information to do so. The Board finds that these claims must be remanded so that the requested information can be provided to the Veteran and their representative. The matters are REMANDED for the following action: Provide the Veteran and his representative information regarding the qualifications of the April 2016, June 2016, August 2016, and December 2016 VA examiners, to include a curriculum vitae or other similar material and include copies of the information provided to the Veteran in the claims file. If the requested curriculum vitae and other credentialing documentation is not obtainable, the Veteran and his representative should be notified, and the reasons for such should be documented in the record. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Hicks, 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.