Citation Nr: 1320518	
Decision Date: 06/26/13    Archive Date: 07/05/13

DOCKET NO.  09-19 902	)	DATE
	)
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On appeal from the
Department of Veterans Affairs Regional Office in New York, New York


THE ISSUE

Entitlement to service connection for posttraumatic stress disorder (PTSD).


WITNESS AT HEARING ON APPEAL

The Veteran


ATTORNEY FOR THE BOARD

N. Kroes, Counsel

INTRODUCTION

The Veteran served on active duty from February 1969 to April 1972.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2008 decision of the St. Louis, Missouri, Department of Veterans Affairs (VA) Regional Office (RO).  

In January 2011, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of this hearing is associated with the claims file.


FINDINGS OF FACT

1.  The Veteran served in the Republic of Vietnam as a postal clerk and delivered mail to various bases in Vietnam.

2.  The Veteran testified that frequent travel between bases in Vietnam caused him to be nervous and anxious, and that he feared for his life while in Vietnam.  

3.  A VA psychologist diagnosed the Veteran with PTSD related to events he experienced as traumatic during service.  


CONCLUSION OF LAW

The criteria for establishing service connection for PTSD have been met.  38 U.S.C.A. §§ 1110, 5107 (West 2002); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2012).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

In light of the fully favorable determination in this case, no further discussion of compliance with VA's duty to notify and assist is necessary.

Establishing service connection for PTSD requires: (1) medical evidence diagnosing PTSD; (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) medical evidence of a link between current symptomatology and the claimed in-service stressor.  38 C.F.R. § 3.304(f) (2012); see also Cohen v. Brown, 10 Vet. App. 128 (1997).

A Veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor if:  (1) The claimed stressor is consistent with the places, types, and circumstances of the Veteran's service; and (2) a VA psychiatrist or psychologist, or contract equivalent, confirms that the claimed stressor is adequate to support a diagnosis of PTSD and the Veteran's symptoms are related to the claimed stressor.  38 C.F.R. § 3.304(f)(3).

In this case, the Veteran asserts that serving in Vietnam as a postal clerk - frequently delivering mail between bases - caused him to be nervous and anxious, and that he feared for his life while in Vietnam.  Board Hearing Tr. at 3.  Service personnel records verify that the Veteran served as a postal clerk in the Navy and that he served in Vietnam.  Therefore, the circumstances of the Veteran's service are consistent with his report of having to travel between bases in Vietnam.  

In April 2008, a VA psychologist diagnosed the Veteran with PTSD.  The psychologist relayed that the diagnosis was related to events the Veteran experienced as traumatic during service.

There is no clear and convincing evidence contrary to the VA psychologist's opinion.  See 38 C.F.R. § 3.304(f)(3).  As such, the Board finds that the Veteran's testimony establishes the occurrence of his claimed stressor.  In addition, as the VA psychologist's opinion establishes a diagnosis of PTSD and a link between the current symptomatology and the Veteran's stressor, service connection for PTSD is warranted.  



ORDER

Entitlement to service connection for PTSD is granted.  




____________________________________________
Laura H. Eskenazi
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs