Citation Nr: 23015294
Decision Date: 03/14/23	Archive Date: 03/14/23

DOCKET NO. 18-55 215A
DATE: March 14, 2023

ORDER

Service connection for adjustment disorder is denied.

FINDING OF FACT

The evidence of record persuasively weighs against finding that the Veteran has had an acquired psychiatric disorder, including adjustment disorder, at any time during or approximate to the pendency of the claim.

CONCLUSION OF LAW

The criteria for service connection for adjustment disorder are not met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1966 to April 1968. 

This case is on appeal of an August 2017 rating decision.  In November 2021, a hearing was held by the Undersigned. The transcript is included in the record. After the hearing, the case was remanded in July 2022. As part of the remand, the Board relied on a March 2017 diagnosis by a social worker indicating that the Veteran had adjustment disorder. As part of the remand instructions, the Board stated a VA examiner needed to determine if the Veteran's adjustment disorder was directly related to his service in Vietnam or secondary to his eye disorder.

The March 2017 diagnosis is and continues to be the only evidence diagnosing the Veteran with a mental health disorder. As part of the post remand development, the Veteran attended a VA examination in September 2022.  Based on a review of the medical record, the hearing transcript, and an examination, the examiner stated that the Veteran never had adjustment disorder and that the March 2017 diagnosis was incorrect. Specifically, the examiner stated there were not clinical signs and/or symptoms of adjustment disorder and no anxiety or depression was mentioned. Therefore, a diagnosis cannot be rendered.

At the time of the remand, evidence indicated the Veteran had a diagnosis of adjustment disorder. However, since then, contradictory evidence, the September 2022 VA examination, became part of the record. Due to the education of the examiner, and the fact that the examiner was able to consider more records, including the examination and hearing transcript, the Board gives more weight to the examiner's analysis.

In rendering the decisions below, the Board acknowledges that the Veteran believes he has a psychiatric disorder.  However, the Veteran does not have the requisite medical knowledge, training, or experience to be able to render a competent medical diagnosis.

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Therefore, the Board concludes that the Veteran does not have a current diagnosis of an acquired psychiatric disorder, including adjustment disorder, and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). As a result, the claim is denied.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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.