Citation Nr: A25035507 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 240621-449710 DATE: April 17, 2025 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder (MDD) and/or post-traumatic stress disorder (PTSD), is granted. FINDING OF FACT The evidence of record shows that the Veteran's diagnosed MDD and PTSD, are at least as likely as not etiologically related to his active military service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder, to include MDD and/or PTSD, have been met. 38 U.S.C. § 1101, 1131, 5107; 38 C.F.R. § 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active-duty service in the United States Navy from September 1979 to June 1982. This matter comes before the Board of Veterans' Appeals (Board) from an April 2024 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which as relevant here denied the Veteran entitlement to service connection for PTSD. In August 2023, the Veteran submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, and requested readjudication of the service connection claim for PTSD, then most recently addressed in a March 2023 rating decision. In April 2024, the RO issued the supplemental claim decision on appeal, which found that new and relevant evidence had been received and denied the claim based on the evidence of record at the time of that decision. In the June 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the April 2024, supplemental claim decision on appeal. 38 C.F.R. § 20.301. If evidence was submitted after the RO issued the supplemental claim decision on appeal, the Board may not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Service connection for any acquired psychiatric disorder Generally, service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303, 3.304. To establish entitlement to service connection, there must generally be 1) evidence of a current disability; 2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and 3) causal connection between the claimed in-service disease or injury and the current disability. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The requirement of a current disability is "satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim." See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). In evaluating the evidence, the Board must assess the credibility and weight given to evidence. Davidson v. Shinseki, 581 F. 3d 1313 (Fed. Cir. 2009). The Veteran is competent to report symptoms and experiences observable by his senses. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). VA is required to give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. Davidson, 581 F.3d at 1316. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of reasonable doubt to the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; see also Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc). By way of background, the Veteran originally filed a service connection claim for PTSD in May 2018, which the RO first denied in a July 2018 rating decision. As a preliminary matter, the claim for PTSD, has been characterized as a claim for entitlement to service connection for any acquired psychiatric disorder, to include PTSD, depression, anxiety, and/or any other acquired psychiatric disorder based on the record, consistent with Clemons v. Shinseki, 23 Vet. App. 1 (2009). Favorable findings noted in the April 2024, rating decision on appeal include that: the Veteran has been diagnosed with a disability, noting that VA Medical Center (VAMC) records show a diagnosis of PTSD. The evidence of record also includes an initial PTSD VA disability benefits questionnaire (DBQ) dated in January 2024, which documents diagnoses of MDD and PTSD. Thus, the first criteria necessary to grant service connection for an acquired psychiatric disorder is met. Next, as to the second criteria, the Veteran contends that his current psychiatric symptoms (experienced mainly as Depression and PTSD) are due to an event that occurred while at sea during his active-duty service. When the Veteran filed his supplemental claim in August 2023, he submitted additional documentation including a lay report and an article entitled Lost At Sea - February 7th, 1980, dated in May 2008. The Veteran's August 2023 statement in support of his claim for PTSD referred to the article as proof of the in-service incident/experience that he has maintained resulted in the diagnosed MDD and PTSD. See August 2023 VA 21-0781, Statement in Support of Claim for PTSD. Additionally, the initial PTSD VA DBQ dated in January 2024, notes the Veteran's report that during his active service, while at sea, a storm resulted in servicemen going overboard, some dying and others being "lost at sea". The "evidence comments" section of the January 2024 DBQ indicates that "The Military Forum Article (5/23/08 documents the storm and those lost at sea)." The April 2024 rating decision on appeal denied the claim despite the new evidence received citing a February 2024 "Records Research Center Response" that concluded that "... no evidence was located to support documentation of the claimed event." The records response makes no comment or indication of review of the Military Forum Article but noted other sources reviewed in an effort to substantiate the report. Based on all the above, the Board is satisfied that the evidence is at least in approximate balance as to whether the second criteria is met. Specifically, based on the Veteran's report of in-service experience/s corroborated by the January 2024, VA examiner's statement that, "The Military Forum Article (5/23/08 documents the storm and those lost at sea)." The Board notes that the January 2024 VA examiner did not comment or report any concerns in regard to the credibility of the Veteran of his reports of events experienced in service and the Board finds the Veteran's reports to be consistent with circumstances of his service. The final criteria required to grant service connection is a nexus between the in-service onset/incurrence and any acquired psychiatric disorder diagnosed. As referenced above, the Veteran participated in an initial PTSD DBQ in January 2024. No separate medical opinion was obtained; however, the examiner confirmed MDD and PTSD diagnoses. The examiner noted the symptomology related to each disorder was overlapping and the reported symptomology was associated with both conditions. As noted, the January 2024 DBQ indicates review of the Military Forum Article, indicating it was dated May 23, 2008, and documents "the storm and those lost at sea", which is the reported in-service event that the Veteran has maintained to be the cause of his diagnosed disorder/s. The Board finds the January 2024 DBQ to be of significant probative value because it is based on knowledge of all the circumstances surrounding the Veteran's military service and medical history and provides no basis to find that the Veteran's report was incredible and that the article he provided was unrelated. As such, the January 2024 DBQ constitutes competent, probative evidence tending to support an award of service connection for an acquired psychiatric disorder however diagnosed. No negative VA etiology opinions addressing either of the diagnosed acquired psychiatric disorders are part of the record. Looking at the evidence as a whole and resolving reasonable doubt in the Veteran's favor, the Board finds the evidence to at least be in approximate balance as to whether the Veteran's acquired psychiatric disorders, diagnosed as MDD and PTSD, are related to his service. Accordingly, after resolving reasonable doubt in favor of the Veteran, the Board finds that service connection for an acquired psychiatric disorder is warranted. See 38 U.S.C. § 5107; Lynch, 21 F.4th 776; 38 C.F.R. §§ 3.102, 4.3. Christopher Seppanen Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kelly, E. C. 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.