MAJOR DEPRESSIVE DISORDER
J. T. HUTCHESON · 2026 · Case ID: A26000076
Summary
The Veteran, who served from March 1990 to March 1994, appeals the denial of service connection for a depressive disorder with insomnia. The Veteran contends that the psychiatric condition is related to his service-connected tinnitus. The Board reviewed the evidence of record at the time of the October 2019 Agency of Original Jurisdiction decision. The service treatment records did not mention psychiatric issues. A May 2019 VA psychiatric examination diagnosed the Veteran with unspecified depressive disorder, opining it was likely multifactorial and less likely directly attributable to a specific stressor. However, a February 2024 private psychiatric evaluation by Dr. T. Finnerty concluded that it was at least as likely as not that the Veteran's service-connected tinnitus caused and substantially aggravated his depression and anxiety, citing research supporting a connection between tinnitus and mental health conditions. The Board found the evidence in equipoise regarding the relationship between the tinnitus and the depressive disorder. Applying the benefit of the doubt, the Board granted service connection for depressive disorder with insomnia.
Rationale
Service connection granted based on secondary to service-connected tinnitus.; Evidence in equipoise, resolved in Veteran's favor.; Private opinion found at least as likely as not related to service.
Full Decision Text
Citation Nr: A26000076 Decision Date: 01/02/26 Archive Date: 01/02/26 DOCKET NO. 200817-103892 DATE: January 2, 2026 ORDER Entitlement to service connection for depressive disorder with insomnia is granted. FINDINGS OF FACT 1. Service connection has been established for tinnitus, left ear hearing loss, and temporomandibular joint disorder. 2. Depressive disorder with insomnia has been shown to be related to the service connected tinnitus. CONCLUSION OF LAW The criteria for service connection for depressive disorder with insomnia have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310(a). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from March 1990 to March 1994. The Veteran appeared at a May 2024 virtual hearing before the undersigned Veterans Law Judge. The hearing transcript is of record. In October 2019, the Agency of Original Jurisdiction denied service connection for a depressive disorder. In August 2020, Veteran submitted a Decision Review Request: Board Appeal (Notice of Disagreement), VA Form 10182, and elected the Hearing Review docket. Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the October 2019 Agency of Original Jurisdiction decision on appeal, as well as any evidence submitted by the Veteran at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the Agency of Original Jurisdiction issued the April 2024 decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. Service Connection for a Depressive Disorder The Veteran contends that service connection for a psychiatric disability is warranted as the diagnosed depressive disorder is related to the service-connected tinnitus. Service connection may be established for disability which is proximately due to or the result of a service-connected disability. 38 C.F.R. § 3.310(a). Service connection shall be established on a secondary basis under the provisions of 38 C.F.R. § 3.310(a) where it is demonstrated that a service-connected disability has aggravated a nonservice connected disability. Allen v. Brown, 7 Vet. App. 439 (1995). Service connection has been established for tinnitus, left ear hearing loss, and temporomandibular joint disorder. The service treatment records do not refer to a psychiatric disability. The report of a May 2019 psychiatric examination conducted for VA states that the Veteran was diagnosed with unspecified depressive disorder. The examiner commented that "depressive disorder is likely multifactorial in etiology and less likely directly attributable to a specific stressor." The report of a February 2024 psychiatric evaluation from T. Finnerty, Psy.D., states that the Veterans' records had been reviewed. The Veteran was noted to have a "depressive disorder and insomnia." The doctor concluded that "[i]t is at least as likely as not (a 50 percent chance or greater) that the Veteran's service-connected tinnitus has both caused and substantially aggravated his depression and anxiety and associated chronic sleep impairment." He commented that "[t]he Veteran has at least as likely as not had significant distress and impairment from mental health difficulties which were caused by tinnitus." The doctor noted that "[t]here is extensive support in the research literature for a significant connection between tinnitus and anxiety and depression." The record is in at least equipoise as to whether the diagnosed depressive disorder is related to the service-connected tinnitus. The Veteran was diagnosed with depressive disorder by a VA examiner. Dr. Finnerty reviewed the Veteran's records and found that it is at least as likely as not that the diagnosed depressive disorder with insomnia is related to the service-connected tinnitus. Upon resolution of all reasonable doubt in the Veteran's favor, the Board concludes that service connection for depressive disorder with insomnia is warranted. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.310(a). J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kuramoto, Justin U. The Board's decision in this case is binding only with respect to the instant matter decided. VA examiner. Dr. Finnerty reviewed the Veteran's records and found that it is at least as likely as not that the diagnosed depressive disorder with insomnia is related to the service-connected tinnitus. Upon resolution of all reasonable doubt in the Veteran's favor, the Board concludes that service connection for depressive disorder with insomnia is warranted. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.310(a). J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kuramoto, Justin U. 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.