Citation Nr: 0006285 Decision Date: 03/08/00 Archive Date: 03/17/00 DOCKET NO. 94-33 881 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUE Entitlement to service connection for a psychiatric disorder. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL The veteran and his spouse ATTORNEY FOR THE BOARD A. C. Mackenzie, Associate Counsel INTRODUCTION The veteran served on active duty from March 1951 to March 1953. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 1993 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania. The Board remanded this case to the RO for further development in September 1997, and the case has since been returned to the Board. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of this appeal has been obtained by the RO. 2. There is evidence of continuity of symptomatology of a psychiatric disorder since service. CONCLUSION OF LAW A psychiatric disorder was incurred in service. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 5107 (West 1991); 38 C.F.R. §§ 3.303, 3.307, 3.309 (1999). REASONS AND BASES FOR FINDINGS AND CONCLUSION As a preliminary matter, the Board finds that the veteran's claim is well grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, the veteran is found to have presented a claim which is not inherently implausible. Furthermore, after examining the record, the Board is satisfied that all relevant facts have been properly developed in regard to the veteran's claim, and no further assistance is required in order to comply with the VA's duty to assist him with the development of facts pertinent to his claim, as mandated by 38 U.S.C.A. § 5107(a). Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C.A. § 1110 (West 1991); 38 C.F.R. § 3.303(a) (1999). For the showing of chronic disease in service, there is required a combination of manifestations sufficient to identify the disease entity and sufficient observation to establish chronicity at the time. If chronicity in service is not established, a showing of continuity of symptoms after discharge is required to support the claim. 38 C.F.R. § 3.303(b) (1999). Service connection may also be granted for any disease diagnosed after discharge when all of the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d) (1999). Also, certain chronic diseases, including psychoses, may be presumed to have been incurred during service if manifested to a compensable degree within one year of separation from active military service. 38 U.S.C.A. §§ 1101, 1112, 1113 (West 1991); 38 C.F.R. §§ 3.307, 3.309 (1999). The Board has reviewed the veteran's service medical records and observes that, in May 1951, he was treated for multiple somatic complaints. He reported a history of a "nervous breakdown" one year earlier, during which he claimed to have heard voices saying "you are going to die." A December 1954 VA examination report contains diagnoses of psychoneurosis and conversion reaction. Subsequent VA records reflect treatment for generalized anxiety and sleep loss. Following the Board's September 1997 remand, the veteran underwent a VA psychiatric examination in November 1999, the report of which reflects that the examiner had an opportunity to review the veteran's claims file. This examiner noted that the veteran appeared to meet the criteria for panic disorder, with agoraphobia, and that his current Global Assessment of Functioning (GAF) score was 65, signifying mild symptoms and some difficulty with social and occupational functioning. Upon a review of the claims file, the examiner noted that the veteran's anxiety could possibly be service- connected, but the examiner could not definitely reach a conclusion on this matter. The examiner stated that the veteran's reported in-service incident of being placed in a gas chamber was not likely to have, by itself, perpetuated his anxiety, but "anxiety can develop a life of its own apart from any etiological basis to account for initial anxiety or panic attacks in the first place." Moreover, the examiner noted that, at the time of discharge from the military, the veteran's psychiatric symptoms indicated a GAF score of 55, signifying moderate impairment of social and occupational functioning. In reviewing the facts of this case, the Board observes that the examiner who examined the veteran in 1999 could not definitely state that the veteran's current psychiatric disorder was related to service. However, this examiner clearly indicated that the veteran had moderate psychiatric impairment at discharge from service, and his comments suggest that the possibility of in-service incurrence of a current psychiatric disorder was not ultimately less likely than the possibility of nonservice-related incurrence. In short, there appears to be, at a minimum, an approximate balance of positive and negative evidence in support of the conclusion that the veteran's current psychiatric disorder was incurred in service. In cases such as this, where the evidence is in equipoise, all remaining doubt is to be resolved in the claimant's favor. See 38 U.S.C.A. § 5107 (West 1991). After resolving all such doubt in the veteran's favor, the Board concludes that his current psychiatric disorder was, in fact, incurred in service. Therefore, service connection is warranted for this disorder. ORDER Service connection for a psychiatric disorder is granted. WARREN W. RICE, JR. Member, Board of Veterans' Appeals