Citation Nr: 22017339 Decision Date: 03/24/22 Archive Date: 03/24/22 DOCKET NO. 18-10 780 DATE: March 24, 2022 ORDER Service connection for an acquired psychiatric disorder, to include major depressive disorder (MDD), is granted. FINDING OF FACT The Veteran's acquired psychiatric disorder, diagnosed as MDD, had its onset in service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder have been met. 38 U.S.C. §§ 1110, 1154, 5107(b); 38 C.F.R. §§ 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from June 1971 to March 1977. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran and his wife presented sworn testimony at a hearing before the undersigned Veterans Law Judge in January 2022. The Board finds that it is more appropriate to characterize the Veteran's claim for service connection for PTSD broadly as one of entitlement to service connection for an acquired psychiatric disorder, to include MDD. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). 1. Service connection for an acquired psychiatric disorder, to include MDD. To establish service connection for a claimed disorder, the following criteria must be met: (1) medical evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. 38 C.F.R. § 3.303; see also, Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active-duty military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. The Veteran contends that his acquired psychiatric disorder, to include MDD and PTSD, is related to an in-service stressor. During the January 2022 hearing, the Veteran testified that he has experienced psychiatric problems during and since service. He stated that he did very well in service as reflected in his personnel records but began having psychological problems while serving on a submarine during a battle station exercise that he thought was "war." The Veteran stated that he self-medicated with alcohol and marijuana and sought treatment in service for suicidal ideation and other psychological problems. He reported that he was discharged about 10 days after seeking treatment. Since service, the Veteran reported that he is depressed easily, has nightmares, can be set off easily, works with a therapist, is unable to concentrate, has trouble maintaining a job, and has a terrible personal life. Here, the Veteran has a current diagnosis of MDD and PTSD. See Medical Treatment Records, October 2018; VA Examination, January 2018. Service treatment records note reports of anger and depression in July 1977 and a psychiatric evaluation was conducted in February 1977 with a diagnosis of passive aggressive personality, with immature and explosive tendencies. Further, the Veteran self-reported depression or excessive worry on the March 1977 separation examination. In several statements submitted throughout the appeal, the Veteran reported that he experienced in-service stressors while serving on a submarine. He stated that his psychological problems while in service led to his discharge and caused him to struggle in his personal and professional life following service. See Statement in Support of Claim for PTSD, December 2017; VA Form 9, February 2018; Correspondence, October 2018; Hearing Transcript, January 2022. In March 2017, a VA examination was conducted where the Veteran reported experiencing symptoms of depression and dark thoughts, but the examiner opined that there is no clinically significant impairment in functioning which would indicate a mental health disorder based on the DSM classification system. In January 2018, a VA examination was conducted where a psychologist diagnosed the Veteran with PTSD and found that the Veteran has occupational and social impairment with reduced reliability and productivity. The examiner opined that the Veteran's PTSD is at least as likely as not incurred in or caused by the claimed in-service event. In October 2018, an examination was conducted where the Veteran was diagnosed with PTSD due to active-duty service in the Navy. The examiner reasoned that the Veteran had a good childhood and a good life prior to joining the Navy with no trauma of any kind. However, the Veteran now experiences disturbing thoughts, nightmares, night sweats, and flashbacks about trauma he experienced in the Navy. The Board observes that the Veteran is competent to report symptoms of his psychiatric disorder, diagnosed as MDD, during service and since that time and the Board finds his reports credible. See Jandreau v. Nicholson, 492 F.3d 1372 (2007). Resolving any doubt in the Veteran's favor and considering the competent and credible lay and medical evidence, the Board finds that the Veteran's diagnosed MDD became manifest while he was on active duty. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sara Leigh, Attorney Advisor 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.