Yes, you can still be service-connected for your mental health condition despite a "less likely than not" nexus opinion, especially given that a Higher-Level Review (HLR) has already found evidence of in-service symptoms. The VA's duty to assist requires adjudicators to weigh all evidence, not just the C&P examiner's conclusion (38 CFR 3.102, 38 CFR 3.303). The key is that the HLR's finding of in-service symptoms establishes the "event in service" element, and your current diagnoses are documented. The negative nexus can be overcome by submitting a persuasive independent medical opinion (IMO) that applies the correct legal standard, "at least as likely as not" (50% or greater probability), as established in *Buchanan v. Nicholson*. Your actionable next steps are: 1) Immediately obtain your C&P exam report to identify the examiner's flawed rationale; 2) Secure a detailed IMO from a private psychiatrist who reviews your entire file (including the HLR decision and in-service evidence) and provides a rationale explaining how your current MDD and anxiety are at least as likely as not linked to the noted in-service symptoms, citing relevant medical literature; and 3) File a supplemental claim (VA Form 20-0995) with this new evidence, which triggers a new duty to weigh all opinions. Your conditions would be rated under 38 CFR 4.130, Diagnostic Code 9201 (for depressive disorder) or 9400 (for anxiety), based on the overall occupational and social impairment.
*This information is for educational purposes regarding VA claims processes and is not intended as legal or medical advice. For guidance specific to your claim, consult with an accredited VA attorney or claims agent.*
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