Citation Nr: 0814321 Decision Date: 05/01/08 Archive Date: 05/12/08 DOCKET NO. 03-28 882A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for an acquired psychiatric disorder, to include depression and/or post traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL Appellant and his daughter ATTORNEY FOR THE BOARD M. Katz, Associate Counsel INTRODUCTION The veteran served on active duty from August 1955 to August 1958 and from March 1961 to September 1983. This matter is on appeal from the St. Petersburg, Florida, Department of Veterans Affairs (VA) Regional Office (RO). The veteran testified before the undersigned at a January 2008 videoconference hearing. A copy of the transcript is of record. At that time, he claimed entitlement to total disability rating based on individual unemployability (TDIU). If he desires to pursue this claim, he should do so with specificity at the RO. As it is not before the Board, it will not be addressed in this decision. FINDINGS OF FACT 1. The veteran received a Bronze Star Medal with a combat "V," signifying service in combat in corroboration with his claimed in-service stressors. 2. The veteran has a diagnosis of PTSD related to in-service combat stressors. CONCLUSION OF LAW An acquired psychiatric disorder was incurred in active duty service. 38 U.S.C.A. §§ 1110, 1131, 1113, 5103(a), 5103A, 5107 (West 2002); 38 C.F.R. §§ 3.159, 3.303, 3.304, 4.125 (2007). REASONS AND BASES FOR FINDINGS AND CONCLUSION 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. 38 U.S.C.A. §§ 1110, 1131. If a chronic disease is shown in service, subsequent manifestations of the same chronic disease at any later date, however remote, may be service connected, unless clearly attributable to intercurrent causes. 38 C.F.R. § 3.303(b). However, continuity of symptoms is required where a condition in service is noted but is not, in fact, chronic or where a diagnosis of chronicity may be legitimately questioned. 38 C.F.R. § 3.303(b). Further, service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 U.S.C.A. § 1113(b); 38 C.F.R. § 3.303(d). The Board must determine whether the evidence supports the claim or is in relative equipoise, with the appellant prevailing in either case, or whether the preponderance of the evidence is against the claim, in which case, service connection must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990). In order for service connection to be awarded for PTSD, three elements must be present: (1) a current medical diagnosis of PTSD in accordance with 38 C.F.R. § 4.125(a); (2) medical evidence of a causal nexus between current symptomatology and a claimed in-service stressor; and (3) credible supporting evidence that the claimed in-service stressor actually occurred. 38 C.F.R. § 3.304(f); Cohen v. Brown, 10 Vet. App. 128 (1997). The above cited regulation, 38 C.F.R. § 4.125(a), refers to the American Psychiatric Association Diagnostic and Statistical Manual for Mental Disorders, 4th ed. (1994) (DMS- IV) as the source of criteria for the diagnosis of claimed psychiatric disorders. DSM-IV provides that a valid diagnosis of PTSD requires that a person has been exposed to a traumatic event in which both of the following were present: (1) the person experienced, witnessed, or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of himself or others, and (2) the person's response involved intense fear, helplessness, or horror. If it is shown by official service records that a veteran personally engaged in combat against the enemy, such as by award of combat citations (e.g., Combat Infantryman Badge, Bronze Star, or Air Medal with "V" device), then the allegation as to PTSD stressor, alone, provided that it is consistent with the circumstances, conditions, and hardships of his service, would be deemed sufficient evidence of a stressor. No stressor verification would be needed under such circumstances. If the evidence shows that the veteran did not serve in combat with enemy forces during service, or if there is a determination that the veteran engaged in combat but the claimed stressor is not related to such combat, there must be independent evidence to corroborate the veteran's statement as to the occurrence of the claimed stressor. Doran v. Brown, 6 Vet. App. 283, 289 (1994). Overall, the Board must determine whether the evidence supports the claim or is in relative equipoise, with the appellant prevailing in either case, or whether the preponderance of the evidence is against the claim, in which case, service connection must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Here, the veteran claims to have served in combat circumstances in Vietnam and to have experienced stressors such as assisting wounded and deceased troops back to the boat upon which he was serving. Indeed, according to his DD- 214, he received the Bronze Star Medal with a combat "V," indicating that he served in combat. As a result, he need not further verify his claimed stressors. The record also reflects that the veteran has been diagnosed with PTSD according to the criteria set forth for a diagnosis as stated in the DSM-IV. Further, in a December 2007 VA treatment report, the physician associated the veteran's PTSD to his in-service stressors. This determination has been confirmed by private treating physicians, including Dr. deJ in a December 2004 report and Dr. W in a September 2005 letter. In a September 2005 letter, Dr. DiG related that the veteran was unable to work due to PTSD but did not specifically relate the disorder to active duty. The veteran has also been diagnosed with depression but it has not been shown to be related to service though it may be related to the veteran's diagnosed PTSD. Nonetheless, as the veteran has evidence of combat service and claimed combat-related stressors that have been shown to be related to his currently-diagnosed PTSD, the claim for an acquired psychiatric disorder is granted. Finally, as provided for by the Veterans Claims Assistance Act of 2000 (VCAA), VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2007); 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a) (2007). In this case, the Board is granting in full the benefit sought on appeal. Accordingly, assuming, without deciding, that any error was committed with respect to either the duty to notify or the duty to assist, such error was harmless and need not be further discussed. ORDER Service connection for an acquired psychiatric disorder is granted. ____________________________________________ L. HOWELL Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs