MAJOR DEPRESSIVE DISORDER

Summary

The Veteran served from February 1977 to February 1978. The Veteran appealed the denial of service connection for depression, electing the Hearing docket. A Board hearing was held on October 11, 2024. The Board's review was limited to evidence of record at the time of the February 2021 agency of original jurisdiction decision or submitted within 90 days following the hearing. Service treatment records did not show any psychiatric disability. However, a September 2024 private medical opinion from Dr. D. W. diagnosed the Veteran with major depressive disorder, finding it secondary to chronic knee issues that began in service. Dr. D. W. reviewed the record and noted that the Veteran's knee pain led to increasing depression. At the hearing, the Veteran reported his depression was due to his knees and the resulting worry about supporting his family and mobility limitations. The Board found the evidence in approximate balance regarding the causal link between the service-connected knee disabilities and the depression. Resolving all reasonable doubt in the Veteran's favor, the Board granted service connection for depression as secondary to his service-connected left knee disabilities.

Rationale

Private medical opinion found depression secondary to knee issues; Veteran testimony corroborates depression linked to knee pain; Evidence in approximate balance, doubt resolved in Veteran's favor

Full Decision Text

Citation Nr: A26037097
Decision Date: 04/21/26	Archive Date: 04/21/26

DOCKET NO. 210226-148278
DATE: April 21, 2026

ORDER

Entitlement to service connection for depression is granted.

FINDING OF FACT

Resolving all reasonable doubt in favor of the Veteran, his depression is due to his service-connected left knee disabilities. 

CONCLUSION OF LAW

The criteria for service connection for depressive disorder as secondary to service-connected left knee disabilities are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1977 to February 1978.

The rating decision on appeal was issued in February 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.  

In the February 26, 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket.  A Board hearing was held on October 11, 2024.  A transcript is of record. 

Therefore, the Board may only consider the evidence of record at the time of the February 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative 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 AOJ issued the 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. 

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. 

Pursuant to the Veterans Claims Assistance Act (VCAA), VA has duties to notify and assist claimants in substantiating a claim for VA benefits.  38 U.S.C. §§ 5102, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.156(a), 3.159.  Given the Board's favorable disposition of the claim, the Board finds that all notification and development action needed to fairly adjudicate the appeal has been accomplished.

1. Entitlement to service connection for depression is granted.

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service.  38 U.S.C. § 1131; 38 C.F.R. § 3.303 (a).  Generally, service connection requires: (1) the existence of a present disability; (2) 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.  See Shedden v. Principi, 381 F.3d 1163, 1166 - 67 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995).  Service connection may also be granted for any disease diagnosed after discharge when the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d).

In addition, service connection may be established on a secondary basis for a disability which is shown to be due to or the result of a service-connected disease or injury.  38 C.F.R. § 3.310.  Establishing service connection on a secondary basis requires evidence sufficient to show that a current disability exists and that the current disability was either caused by or aggravated by a service-connected disability.  38 C.F.R. § 3.310; Allen v. Brown, 7 Vet. App. 439 (1995).

Service treatment records do not show complaints of, treatment for, or a diagnosis of a psychiatric disability.

In a September 2024 private medical opinion (
 § 3.303 (d).

In addition, service connection may be established on a secondary basis for a disability which is shown to be due to or the result of a service-connected disease or injury.  38 C.F.R. § 3.310.  Establishing service connection on a secondary basis requires evidence sufficient to show that a current disability exists and that the current disability was either caused by or aggravated by a service-connected disability.  38 C.F.R. § 3.310; Allen v. Brown, 7 Vet. App. 439 (1995).

Service treatment records do not show complaints of, treatment for, or a diagnosis of a psychiatric disability.

In a September 2024 private medical opinion (submitted to VA in December 2024). Dr. D. W. diagnosed the Veteran with major depression disorder due to a general medical condition in the form of chronic knee issues that began in service.  He found that the Veteran suffered from clinical depression secondary to his service-connected knee condition.  Dr. D. W. indicated review of the record and noted that the Veteran's knee pain led to increasing depression.

At the October 2024 Board hearing, the Veteran reported that his depression was due to his knees, specifically worrying about how he would support his family and being unable to move like he used to.  

Based on a careful review of the evidence and resolving all reasonable doubt in favor of the Veteran, the Board finds that the evidence supports a finding that the Veteran's diagnosed depression is secondary to his service-connected knee disabilities.  In this regard, Dr. D. W. specifically found that the Veteran's depression was due to his knee pain.

(Continued on the next page)

?

Therefore, the Board finds that the evidence is in approximate balance that the Veteran's depression was caused by his service-connected left knee disabilities.  Accordingly, resolving all reasonable doubt in favor of the Veteran, his service connection claim for depression is granted.  See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ko, Elise

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.