MAJOR DEPRESSIVE DISORDER

Summary

The Veteran, a Navy Veteran who served from November 2007 to November 2012, appeals the denial of service connection for an acquired psychiatric disorder. The Veteran sought review of a December 2020 rating decision that denied service connection for mental health issues. The Veteran testified that approximately two years into service, in 2009, he began experiencing mental health problems after discovering his spouse's infidelity. Following service, he faced challenges obtaining consistent mental health treatment. A VA examination noted a pre-existing condition and inaccurately stated the onset of symptoms occurred shortly after entering service in 2009, contradicting the Veteran's DD-214 which shows enlistment in 2007. The Board found numerous service treatment records (STRs) indicated the onset of mental health symptoms more than a year into service. The Veteran also credibly testified to the continuity of his symptoms post-service, despite difficulty accessing care. Based on the evidence, including STRs and the Veteran's credible testimony, the Board found the criteria for service connection for an acquired psychiatric disability were met. Service connection for an unspecified depressive disorder, including anxiety and depression, was granted.

Rationale

Service treatment records note onset of mental health symptoms more than a year into service.; Veteran credibly testified to continuity of symptoms post-service.; VA examiner's opinion based on inaccurate recitation of facts regarding symptom onset.

Full Decision Text

Citation Nr: A26039873
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 210423-154990
DATE: April 29, 2026

ORDER

Service connection for unspecified depressive disorder (including anxiety and depression) is granted.

FINDING OF FACT

The Veteran was first clinically diagnosed with a mental health disorder several years into active military service.

CONCLUSION OF LAW

The criteria for service connection for an acquired psychiatric disability have been met.  38 U.S.C. § 1110; 38 C.F.R. § 3.303. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from November 2007 to November 2012.

This matter is on appeal from a December 2020 rating decision from a VA Regional Office (RO). By that rating action, the RO found that new and relevant evidence had been received to readjudicate the claim for service connection for an acquired psychiatric disorder, and denied the claim on its merits. In December 2020, the Veteran submitted VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of the December 2020 rating decision.

By an April 2021 HLR rating action, the AOJ confirmed its December 2020 rating action, and continued the denial of service connection for an acquired psychiatric disorder. 

In April 2021, the Veteran filed a timely Appeals Modernization Act (AMA) Notice of Disagreement (VA Form 10182), electing the Hearing Lane before a Veterans Law Judge (VLJ). On August 28, 2024, the Veteran testified before the undersigned. A copy of these proceedings is of record. 

As the Veteran elected the Hearing docket, the Board may only consider the evidence of record at the time of notice of the December 2020 AOJ decision on appeal, as well as any evidence submitted by the Veteran or his representative within 90 days of the August 28, 2024 hearing. Here, neither the Veteran nor his accredited representative submitted additional evidence within the 90-day prescribed period. 

Here, the Veteran entered service in 2007. In approximately 2009, the Veteran found out that his spouse had been having an affair and he began experiencing mental health problems for which he sought treatment.

Following service, the Veteran moved around a fair amount and had difficulty obtaining regular mental health treatment for his condition.

A VA examination was obtained to assess the etiology of his mental health condition, but the examiner found that the Veteran had a pre-existing mental health condition and asserted that he had begun experiencing mental health problems shortly after entering service in 2009.  However, the Veteran's DD-214 shows that he enlisted in 2007 and did not have mental health problems for more than a year on active duty.  As such, the medical opinion appears to be based on an inaccurate recitation of facts.

Here, the Board notes that numerous service treatment records (STRs) note the onset of mental health symptoms more than a year into service.  The Veteran continues to experience mental health issues to the present day which are currently being treated, and he has credibly testified at a Board hearing that his mental health symptomatology never fully abated in the years following service, but he had difficulty obtaining medical care.  

Accordingly, the Board finds that the criteria for service connection have been met for an acquired psychiatric disability, and service connection is granted.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Carole Kammel, 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.