Citation Nr: 18139906 Decision Date: 10/01/18 Archive Date: 10/01/18 DOCKET NO. 14-29 454 DATE: October 1, 2018 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT The Veteran does not have PTSD. CONCLUSION OF LAW The criteria for service connection for PTSD have not been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active air service from June 1967 to February 1971; and active military service from 1984 to April 1988, August 2000 to August 2003, and May 2004 to May 2005. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a December 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina. In connection with this appeal, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in October 2017 and accepted that hearing in lieu of an in-person hearing before a member of the Board. A transcript of that hearing has been associated with the claims file. This case was previously before the Board in March 2018. At that time, the issues of entitlement to service connection for an acquired psychiatric disability and entitlement to service connection for a back disability were remanded for additional development. Thereafter, in an August 2018 rating decision, the RO granted service connection for an unspecified depressive disorder and service connection for a back disability. As the Veteran has not submitted a notice of disagreement with either the ratings or effective date assigned in that August 2018 rating decision, it constitutes a full grant of the benefits sought on appeal and the Board has limited its consideration accordingly. The case has been returned to the Board for further appellate action. The Veteran has asserted that he has PTSD that is related to his active service. However, the evidence of record does not show that the Veteran has a confirmed diagnosis of PTSD at any time during the pendency of the appeal, or proximate thereto. The evidence includes VA examinations reports and outpatient treatment records. A February 2012 VA examination report notes that the Veteran did not have a diagnosis of PTSD that conforms to DSM-IV criteria. There is also a VA examination report in July 2018 that contains the examiner’s conclusion that the Veteran did not have a diagnosis of PTSD at that time that met the DSM-5 criteria. The examiner concluded that based on a comprehensive psychological evaluation, the Veteran did not have findings, signs and/or symptoms to support a diagnosis of PTSD that meets DSM-5 criteria at that time. The examiner noted that the Veteran reported symptoms of depression, anxiety, and arousal disturbances following his deployment in Southwest Asia. However, the Veteran denied the presence of psychological or behavioral disturbances at his re-enlistment into the U.S. Army. Thus, making his previous reports of symptomatology inconsistent. Pertinent VA outpatient records likewise do not reflect a current PTSD diagnosis. Rather, these records show that the Veteran had possible PTSD during screening evaluations, but was never formally diagnosed. For a disability to be service connected, it must be present at the time a claim for VA disability compensation is filed or during or contemporary to the pendency of the claim. McClain v. Nicholson, 21 Vet. App. 319 (2007); Romanowsky v. Shinseki, 26 Vet. App. 289 (2013). There is no evidence of record showing the Veteran to have a confirmed diagnosis of PTSD. Congress has specifically limited entitlement to service-connected benefits to cases where there is a current disability. In the absence of proof of a present disability, there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223 (1992). Accordingly, the Board finds that the preponderance of the evidence is against the claim and entitlement to service connection for PTSD is not warranted. 38 U.S.C. § 5107 (b) (2012); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Mariah N. Sim, Associate Counsel