ANXIETY DISORDER

Summary

The Veteran, who served in the Air Force Reserve on active duty for training for approximately 10 months between March 2015 and August 2016, appeals the denial of service connection for an acquired psychiatric disability, including anxiety and depression. The Veteran submitted a 2019 clinic progress note diagnosing an "anxiety state" based on reported symptoms. A subsequent VA mental health examination diagnosed generalized anxiety disorder and major depressive disorder, with the Veteran reporting pressure from her military unit and that her anxiety caused her depression, which began in 2022. However, the VA examiner opined that the Veteran's acquired psychiatric disability was less likely than not incurred in or caused by service. The Board noted that the Veteran's service treatment records from 2015 and 2018 indicated no psychiatric issues. Given the evidence persuasively weighed against service connection and the onset of symptoms occurring more than two years after service, the Board denied service connection for the psychiatric disability. The benefit of the doubt doctrine was not applicable as the evidence was not in approximate balance.

Rationale

No in-service event, injury, or illness identified as cause; Service treatment records indicated no psychiatric issues; Onset of symptoms occurred more than two years after service

Full Decision Text

Citation Nr: A25002238
Decision Date: 01/10/25	Archive Date: 01/10/25

DOCKET NO. 230530-352272
DATE: January 10, 2025

ORDER

Service connection for an acquired psychiatric disability, to include anxiety and depression, is denied.

FINDINGS OF FACT

1. The evidence of record persuasively weighs against finding the Veteran's acquired psychiatric disability, to include anxiety and depression, onset during the Veteran's active-duty service or is otherwise related to an in-service injury or disease.

CONCLUSIONS OF LAW

1. The criteria for service connection for an acquired psychiatric disability, to include anxiety and depression, are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran honorably served in the United States Air Force Reserve on active duty for training for seven months from March 2015 to October 2015 and for an additional three months from May 2016 to August 2016.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a May 2023 Rating Decision of a Department of Veterans Affairs (VA), an agency of original jurisdiction (AOJ).

In the May 2023, 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 decision on appeal. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 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[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

After reviewing the evidence of record, pursuant to Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the Board has recharacterized the issue of service connection for anxiety and depression to encompass any acquired psychiatric disability, to include anxiety and depression.

1. Service connection for an acquired psychiatric disability, to include anxiety and depression, is denied.

The Veteran contends she has a psychiatric disability, to include anxiety and depression, that was caused by an in-service event, injury, or exposure. See March 2023 VA 21-526EZ Application for Disability Compensation and Related Compensation Benefits.

Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active-duty service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship or nexus between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004).

The term "Veteran" is defined in 38 U.S.C.A. § 101 (2) as "a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable." The term "active military, naval, or air service" includes (1) active duty, (2) any period of active-duty training (ACDUTRA) during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, and (3) any period of inactive-duty training (INACDUTRA) during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty. 38 U.S.C.A. § 101 (24); 38 C.F.R. § 3.6(a); see Biggins v. Derwinski, 1 Vet. App. 474, 477-78.

ACDUTRA is defined, in part, as "full-time duty in the Armed Forces performed by reserves for training purposes." 38 U.S.C.A. § 101 (22); 38 C.F.R. § 3.6(c). The
 or injury incurred or aggravated in line of duty, and (3) any period of inactive-duty training (INACDUTRA) during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty. 38 U.S.C.A. § 101 (24); 38 C.F.R. § 3.6(a); see Biggins v. Derwinski, 1 Vet. App. 474, 477-78.

ACDUTRA is defined, in part, as "full-time duty in the Armed Forces performed by reserves for training purposes." 38 U.S.C.A. § 101 (22); 38 C.F.R. § 3.6(c). The term INACDUTRA is defined, in part, as duty, other than full-time duty, under sections 316, 502, 503, 504, or 505 of the title 32 [U. S. Code] or the prior corresponding provisions of law. 38 U.S.C.A. § 101 (23); 38 C.F.R. § 3.6(d).

While service on active duty alone is sufficient to meet the statutory definition of Veteran, service on ACDUTRA (or INACDUTRA), without more, will not suffice to give one "Veteran" status. Donnellan v. Shinseki, 24 Vet. App. 167, 172 (2010). Before Veteran status can be established for a period of such service, it must first be established that a claimant was disabled from a disease or injury incurred or aggravated in line of duty during ACDUTRA, or that he or she was disabled from an injury incurred or aggravated in line of duty during INACDUTRA.

Service connection for National Guard members and Reservists may also be granted for a disability that occurred either during a period of active-duty for training (two-week annual training) or inactive-duty for training (weekend drill). The law states VA cannot grant service connection for a disease which is diagnosed during a weekend drill, only an injury verified by a line of duty report may be service connected. We may grant service connection for an injury or disease which occurs during a two-week annual training or another recognized period of active duty.

ACDUTRA includes full-time duty with the National Guard of any State under sections 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. See 38 U.S.C. § 101 (22)(C); 38 C.F.R. § 3.6(c). Basically, this refers to the two weeks of annual training, which each Reservist or National Guard member must perform each year. It can also refer to the Reservist's or National Guard member's initial period of training. Inactive duty training includes service with the National Guard of any State (other than full-time duty) under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. See 38 U.S.C. § 101 (23); 38 C.F.R. § 3.6(d); see also Allen v. Nicholson, 21 Vet. App. 54, 57 (2007) (holding that in order to have basic eligibility for VA benefits based on a period of duty as a member of a state National Guard, a National Guard member must have been ordered into Federal service by the President of the United States under 10 U.S.C. § 12401, or must have performed "full-time duty" under the provisions of 32 U.S.C. §§ 316, 502, 503, 504, or 505); Clark v. United States, 322 F.3d 1358, 1366 (Fed.Cir.2003) (explaining that "members of the National Guard only serve the [F]ederal military when they are formally called into the military service of the United States [and that at] all other times, National Guard members serve solely as members of the State militia under the command of a state governor.").

In this case, the Veteran's July 2014 military enlistment medical examination reported the Veteran had no medical limitations and the only abnormality identified was a body mark. See July 2014 Report of Medical Examination DD Form 2808. In a 2015 service treatment record, the Veteran denied any psychological issues, more specifically, denied any anxiety and/or depression. See April 2015 Service Treatment Record, Joint Base San Antonio Military Treatment Facility. After the Veteran's active duty for training periods, the Veteran completed an additional military medical examination in 2018 and the only abnormalities identified were the Veteran's need to wear eyeglasses,
 National Guard members serve solely as members of the State militia under the command of a state governor.").

In this case, the Veteran's July 2014 military enlistment medical examination reported the Veteran had no medical limitations and the only abnormality identified was a body mark. See July 2014 Report of Medical Examination DD Form 2808. In a 2015 service treatment record, the Veteran denied any psychological issues, more specifically, denied any anxiety and/or depression. See April 2015 Service Treatment Record, Joint Base San Antonio Military Treatment Facility. After the Veteran's active duty for training periods, the Veteran completed an additional military medical examination in 2018 and the only abnormalities identified were the Veteran's need to wear eyeglasses, an issue with her teeth, and ovarian cysts. See May 2018 Accessions Medical Prescreen Report DD Form 2807-2. During this 2018 examination, the Veteran again denied any psychiatric and/or behavioral issues. Id.

Though, in support of her 2023 service connection claim for anxiety and depression, the Veteran provided a 2019 medical treatment record that documented symptoms the Veteran reported, and that the examiner diagnosed as "anxiety state." See February 2019 Clinic Progress Note by Physician Assistant T. H..

In response to the Veteran's service connection claim for anxiety and depression, VA completed a mental disorders examination of the Veteran, and the examiner diagnosed the Veteran with a generalized anxiety disorder and major depressive disorder. See May 2023 Mental Disorders VA Examination. During the examination, the Veteran reported pressure she felt while serving with her military unit and that her anxiety caused her depression. Id. The Veteran further reported she became depressed starting in 2022. Id. After clarifying when the Veteran served on active duty for training, the examiner opined the Veteran's acquired psychiatric disability, to include anxiety and depression, was less likely than not incurred in or caused by the in-service injury, event, or illness. See May 2023 Mental Disorders VA Medical Opinion, Addendum. 

As such, the evidence indicates, the onset of the Veteran's claimed psychiatric disability, to include anxiety and depression, was more than two years after the Veteran's completion of active-duty for training in 2016, not related to her active-duty service, therefore, the Veteran's service connection claim for a psychiatric disability, to include anxiety and depression, is not warranted.

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?

Accordingly, as the evidence is not in approximate balance but is persuasively against the service connection claim for a psychiatric disability, to include anxiety and depression, the benefit of the doubt doctrine enunciated in 38 U.S.C. § 5107(b) is not applicable and the claim is denied. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

 

 

S. F. Keane

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C.C.M.

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.