Citation Nr: 22018581 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 16-14 668 DATE: March 29, 2022 ORDER Entitlement to service connection for a depressive disorder is granted. FINDING OF FACT The Veteran's depressive disorder is etiologically related to active service. CONCLUSION OF LAW The criteria to establish service connection for a depressive disorder have been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1974 to April 1976. He died in November 2018. His surviving child has been substituted as the Appellant for purposes of processing the claim to completion. See October 2021 correspondence. The Veteran appealed a December 2014 rating decision by the Agency of Original Jurisdiction (AOJ). A hearing clarification letter was sent in November 2021 to the Appellant based on the Veteran's March 2016 VA Form 9 indicating a desire for a Board hearing prior to his death. The Appellant has not yet responded. Accordingly, any hearing request has been deemed withdrawn. See 38 C.F.R. § 20.704(d), (e). The Veteran claims and has been diagnosed with various psychiatric disorders. As such, the Board expands the Veteran's claim to include any acquired psychiatric condition. Clemons v. Shinseki, 23 Vet. App. 1 (2009). A veteran is entitled to Department of Veteran Affairs (VA) disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. §§ 1110, 1131. Generally, to establish a right to compensation for a present disability, a veteran 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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303(d). The Veteran was diagnosed with a depressive disorder. See February 2016 treatment records. The Veteran's service treatment records (STRs) upon separation noted depression related to military problems. See April 1976 STRs. The Veteran contends that his depression arose out of his service in Panama. See September 1995 VA Form 21-526; August 1996 Veteran statement. The January 1996 examiner noted the Veteran's drug abuse started in Panama. Medical evidence notes drug abuse coincides with the Veteran's depression. See September 1995 treatment records. July 2014 treatment records noted the Veteran has had depression and drug abuse ever since he was deployed to Panama during service. The December 2014 examiner noted the Veteran was treated during service for multiple complaints of depression. The December 2014 examiner provided a negative nexus opinion, but no rationale was provided. As such, the Board finds the December 2014 opinion inadequate for rating purposes. The Veteran's former spouse submitted a statement in October 2018 noting the Veteran's character negatively changed after service. Overall, the Veteran entered service without any psychiatric issues. See July 1974 STRs. The Veteran had foreign service and is competent to attest to serving in Panama. The Veteran is competent to attest to depression symptoms arising during Panama. The Board finds the Veteran's statements credible. Medical evidence suggests the Veteran's depression started and continued since his deployment to Panama. The Veteran separated service with depression being noted as related to the military. There is not an adequate negative nexus opinion of record to the contrary. Medical evidence notes continued depression treatment throughout the years. The Board additionally notes the Veteran was also diagnosed with a stimulant use disorder and personality disorder. See December 2014 examination report. However, service connection is precluded by law for a stimulant use disorder. See 38 U.S.C. § 105(a); 38 C.F.R. §§ 3.300, 3.301. Personality disorders are not considered diseases or injury for which service connection may be granted. 38 C.F.R. §§ 3.303(c), 4.9, 4.127. Furthermore, the Veteran and Appellant do not allege or raise secondary or superimposed disability theories of entitlement or arguments regarding the Veteran's psychiatric disorder. Nevertheless, such may be associated as symptoms of the Veteran's depressive disorder. (Continued on the next page) The Board finds that there is persuasive evidence of record establishing a link between the Veteran's depression and service. Accordingly, the Board finds that a grant of service connection is warranted for a depressive disorder. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. ARIF SYED Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Zheng, 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.