Va gov bva decisions8/27/2023 The preponderance of the evidence weighs against finding the Veteran’s depression is directly related to service. The Veteran did not endorse symptoms of depression at the entrance or separation examinations, and the Veteran has not submitted any statements to support that he experienced symptoms of depression during service. With regard to an in-service diagnosis, the Veteran’s service treatment records (STRs) do not include any complaints, findings, or diagnoses related to depression. Accordingly, the first element of the Shedden/Wallin analysis has been met. With regard to a present disability, an April 2015 private examiner diagnosed the Veteran with depressive disorder due to another medical condition. Entitlement to service connection for depression In order to prevail on the issue of secondary service connection, the record must show: (1) evidence of a current disability (2) evidence of a service-connected disability and (3) medical nexus evidence establishing a connection between the service-connected disability and the current disability. Secondary service connection may also be established for a disorder which is aggravated by a service-connected disability compensation may be provided for the degree of disability (but only that degree) over and above the degree of disability existing prior to the aggravation. Service connection may also be established on a secondary basis for a disability which is proximately due to, or the result of, a service-connected disability. 2013) (noting that nexus may be demonstrated by a showing of continuity of symptomatology where the disability claimed qualifies as a chronic disease listed in 38 C.F.R. Generally, the evidence 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 between the present disability and the disease or injury incurred or aggravated during service. Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. The Veteran served honorably in the United States Marine Corps from September 1968 to August 1970. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The criteria for an increased 20 percent for status-post, pilonidal cyst with open scar have been met. The service-connection criteria for obstructive sleep apnea, secondary to depression, are met. The service-connection criteria for depression, secondary to status-post, pilonidal cyst with open scar, are met. The Veteran’s service-connected status-post, pilonidal cyst with open scar has manifested with one painful and unstable scar.ġ. Resolving reasonable doubt in the Veteran’s favor, his obstructive sleep apnea is proximately due to his service-connected depression.ģ. Resolving reasonable doubt in the Veteran’s favor, his depression has been aggravated beyond its natural progression due to his service-connected status-post, pilonidal cyst with open scar.Ģ. Decision Date: 05/16/18 Archive Date: 05/15/18Įntitlement to service connection for depression is granted.Įntitlement to service connection for obstructive sleep apnea is granted.Įntitlement to an increased 20 percent rating for status-post, pilonidal cyst with open scar is granted.ġ.
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