Back to BVA DecisionsGRANTEDSpecial Benefit NO SPECIAL BENEFIT Docket No. 210907-183218
UNSPECIFIED DEPRESSIVE DISORDER
T. REYNOLDS · 2026 · Case ID: A26038451
Summary
The Veteran served on active duty from November 1993 to March 1996. The Veteran appeals the denial of service connection for an acquired psychiatric disorder, contending it is related to service. The Veteran's military personnel records indicated mental health concerns, including anxiety and depression, during service. The Veteran also testified about experiencing harassment from command after a jump exercise, leading to increased punishments and verbal abuse. VA treatment records show diagnoses of anxiety, depression, and psychoactive substance-induced withdrawal syndrome. The Board reviewed two VA medical opinions. The July 2021 opinion diagnosed bipolar disorder but found the condition less likely than not related to service, citing a lack of evidence. A subsequent July 2025 opinion from a different VA provider diagnosed panic disorder and unspecified depressive disorder, opining the condition was at least as likely as not related to service. This latter opinion was found more probative by the Board because it addressed the full psychiatric history, considered the Veteran's lay testimony about in-service symptoms, and explained the continuity of symptoms. The Board found the evidence in approximate balance and resolved reasonable doubt in the Veteran's favor, granting service connection for an acquired psychiatric disability, specifically unspecified depressive disorder. The Board noted that personality disorders are generally not compensable, but the grant is based on the acquired depressive disorder.
Rationale
Veteran had qualifying in-service psychiatric symptoms (anxiety, depression).; Conflicting VA medical opinions: July 2021 (unfavorable) vs. July 2025 (favorable).; July 2025 opinion found more probative for addressing full history, lay testimony, and continuity.; Evidence in approximate balance; benefit of doubt applied.; Grant based on unspecified depressive disorder, an acquired psychiatric disorder.
Full Decision Text
Citation Nr: A26038451 Decision Date: 04/24/26 Archive Date: 04/24/26 DOCKET NO. 210907-183218 DATE: April 24, 2026 ORDER Entitlement to service connection for an acquired psychiatric disorder is granted. FINDING OF FACT The probative evidence is at least evenly balanced as to whether the Veteran has a current acquired psychiatric disorder that is related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder have been met. 38 U.S.C. §§ 1101, 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1993 to March 1996. This matter comes before the Board of Veterans' Appeals (Board) from a July 2021 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) adjudicated under the Appeals Modernization Act (AMA). In the September 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on May 12, 2025. Therefore, the Board may only consider the evidence of record at the time of the July 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. 1. Entitlement to service connection for an acquired psychiatric disorder The Veteran is seeking service connection for an acquired psychiatric disorder, which he contends is etiologically related to active service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary. The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). To deny a claim on its merits, the weight of the evidence must persuasively stand against a finding that the evidence is in "approximate balance" or "nearly equal" to the evidence that supports the claim. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). A review of the Veteran's military personnel record reveals that the Veteran was evaluated for mental health concerns during active service and was noted to be experiencing anxiety and depression at that time. Thus, the Board finds that the Veteran had a qualifying in-service incurrence of psychiatric symptoms. In a May 2025 hearing before a Veterans Law Judge (VLJ), the Veteran testified that he experienced harassment from individuals in his line of command after participating in a jump exercise with his father to commemorate his father's retirement from service, such as increased physical punishments and verbal harassment. A review of VA treatment records reveals diagnoses of anxiety, depression, and psychoactive substance . McDonough, 21 F.4th 776 (Fed. Cir. 2021). A review of the Veteran's military personnel record reveals that the Veteran was evaluated for mental health concerns during active service and was noted to be experiencing anxiety and depression at that time. Thus, the Board finds that the Veteran had a qualifying in-service incurrence of psychiatric symptoms. In a May 2025 hearing before a Veterans Law Judge (VLJ), the Veteran testified that he experienced harassment from individuals in his line of command after participating in a jump exercise with his father to commemorate his father's retirement from service, such as increased physical punishments and verbal harassment. A review of VA treatment records reveals diagnoses of anxiety, depression, and psychoactive substance-induced withdrawal syndrome. The Veteran received a VA examination regarding the nature and etiology of his claimed acquired psychiatric disorder in July 2021. The July 2021 examiner diagnosed the Veteran with bipolar disorder, but opined that the condition is less likely than not incurred in service. By way of rationale, the examiner stated that "for lack of evidence it is less likely than not incurred in service" (emphasis omitted). In July 2025, the Veteran submitted a VA examination report and opinion by a VA psychiatric provider dated July 2024. In the July 2025 opinion, the VA provider diagnosed the Veteran with panic disorder and unspecified depressive disorder and opined that the claimed psychiatric disorder is at least as likely as not related to the Veteran's service. The provider noted that the Veteran reported experiencing harassment and abuse by his squad leader during active service and that the Veteran's symptoms began during that time and have continued since. Upon review of the record, the Board affords more probative weight to the July 2025 medical opinion. Unlike the July 2021 VA opinion, the July 2025 provider addressed the Veteran's full psychiatric history, considered the Veteran's lay testimony regarding in-service symptoms and trauma rather than characterizing the condition solely as a personality disorder, and explained how the Veteran's symptom pattern has continued since active service. Further, unlike the July 2021 VA examiner, the July 2025 provider addresses the Veteran's presently diagnosed anxiety and depression. To the extent the record reflects an additional diagnosis of bipolar disorder, the Board notes that personality disorders are generally not diseases or injuries for VA compensation purposes. However, the grant herein is based on the diagnoses of unspecified depressive disorder, an acquired psychiatric disorder for which service connection may be established. Accordingly, the evidence of record is, at the very least, in approximate balance as to whether the Veteran's acquired psychiatric disability, to include unspecified depressive disorder, is directly related to his service. See Lynch, supra. Therefore, resolving reasonable doubt in the Veteran's favor, the Board finds that, pursuant to Clemons v. Shinseki, service connection is warranted for an acquired psychiatric disability. 23 Vet. App. 1 (2009). Thus, the claim is granted. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Gorum, 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.