MAJOR DEPRESSIVE DISORDER
PAUL R. CASEY · 2026 · Case ID: A26039861
Summary
The veteran, who served from October 1965 to August 1967, including service in the Republic of Vietnam, appeals the denial of service connection for depression. The Board reviewed evidence of record up to the July 2025 agency of original jurisdiction decision. The veteran submitted private treatment records from September 2021 showing a history of depression and anxiety. A VA Compensation & Pension (C&P) examiner in March 2024 opined that there was no apparent nexus between the veteran's service and his current depression, citing a lack of in-service mental health issues. Conversely, a private physician who has treated the veteran for nearly 40 years provided a January 2025 opinion concluding that the veteran's psychiatric symptoms were most likely sourced from his experiences in Vietnam. The Board found the evidence to be approximately balanced regarding the service connection for depression. Applying the benefit of the doubt, the Board resolved the doubt in the veteran's favor and granted service connection for depression. The Board noted that any evidence submitted after the AOJ decision or more than 90 days after the hearing was not considered, and instructions for filing a Supplemental Claim were provided.
Rationale
Veteran has current diagnosis of depression.; Evidence in equipoise regarding service connection.; Benefit of the doubt resolved in veteran's favor.
Full Decision Text
Citation Nr: A26039861 Decision Date: 04/29/26 Archive Date: 04/29/26 DOCKET NO. 250917-584126 DATE: April 29, 2026 ORDER Entitlement to service connection for a persistent depressive disorder, moderate with anxious distress and panic attacks (depression) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, the depression is at least as likely as not related to the Veteran's service in the Republic of Vietnam. CONCLUSION OF LAW The criteria for service connection for depression are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from October 1965 to August 1967, including service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in July 2025. In the September 17, 2025, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on January 15, 2026. Therefore, the Board may only consider the evidence of record at the time of the July 2025 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or 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. It does not appear that any ineligible evidence was associated with this claim. However, to the extent there is any evidence that was ineligible for review, this decision is fully favorable to the Veteran. Therefore, there is no prejudice to the Veteran. 1. Entitlement to service connection for a persistent depressive disorder, moderate with anxious distress and panic attacks The Veteran contends that his depression is the result of his experiences in the Republic of Vietnam. The Board concludes that the Veteran has a current disability that is related to the Veteran's experiences in the Republic of Vietnam. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). September 2021 private treatment records show the Veteran has had a history of treatment for psychiatric symptoms including those of depression and anxiety throughout the appeal period. Thus, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim. The evidence against the claim includes the opinion of the C&P examiner from March 2024 which relied on the lack of mental health issues documented during the Veteran's service and the lack of an apparent nexus between the Veteran's military service and his current depression. The evidence in favor of the claim includes a January 2025 opinion from the Veteran's physician who has treated the Veteran for nearly 40 years and based on that period of therapy and treatment concluded that the most likely source of the Veteran's psychiatric symptoms were his experiences in the Republic of Vietnam. Upon review of the record, the Board finds the evidence to at least be approximately balanced as to whether the Veteran's current depression is related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for depression is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Paul R. Casey Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Steven H. Johnston, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and most likely source of the Veteran's psychiatric symptoms were his experiences in the Republic of Vietnam. Upon review of the record, the Board finds the evidence to at least be approximately balanced as to whether the Veteran's current depression is related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for depression is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Paul R. Casey Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Steven H. Johnston, 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.