Citation Nr: 18145524 Decision Date: 10/29/18 Archive Date: 10/29/18 DOCKET NO. 16-29 462 DATE: October 29, 2018 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is granted. FINDING OF FACT The Veteran has PTSD as a result of incidents that occurred during his active military service in the Republic of Vietnam. CONCLUSION OF LAW The criteria for service connection for PTSD have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1967 to October 1969. As a result of his military service in the Republic of Vietnam, the Veteran received a Purple Heart Medal and the Combat Infantryman Badge. This matter comes before the Board of Veterans’ Appeals (Board) from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing with the undersigned in February 2017. A transcript of that hearing has been added to the Veteran’s file. In order for service connection to be awarded for PTSD, three elements must be present: (1) a current medical diagnosis of PTSD; (2) credible supporting evidence that a claimed in-service stressor actually occurred; and (3) medical evidence of a causal nexus between the current PTSD symptomatology and the claimed in-service stressor. See 38 C.F.R. § 3.304. A veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor in certain circumstances. These circumstances include when (1) the evidence establishes a diagnosis of PTSD during service and the claimed stressor is related to that service and consistent with the circumstances, conditions, or hardships of the veteran’s service; (2) the evidence establishes that the veteran engaged in combat with the enemy and the stressor is related to that combat and consistent with the circumstances, conditions, or hardships of the veteran’s service; (3) the stressor claimed by the veteran is related to the veteran’s fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the stressor is adequate to support a diagnosis of PTSD and that the veteran’s symptoms are related to the claimed stressor, provided that the stressor is consistent with the places, types, and circumstances of the veteran’s service; and, (4) the evidence establishes that the veteran was a prisoner-of-war and the claimed stressor is related to that prisoner-of-war experience and is consistent with the circumstances, condition, or hardships of the veteran’s service. 38 C.F.R. § 3.304(f)(1)-(4). The lay testimony can be rebutted by clear and convincing evidence to the contrary. Id. The RO conceded that the Veteran experienced a stressful event, or fear of hostile military or terrorist activity while in service. In addition, the Board finds the Veteran’s reported stressors to be consistent with his combat service. The RO denied service connection for PTSD because the Veteran lacked a current diagnosis of PTSD. The Veteran submitted to a May 2014 VA examination which found that the Veteran did not meet the criteria for PTSD but did meet the criteria for Major Depressive Disorder. However, the examiner found that any mental health issues more likely resulted from the Veteran’s back pain than his service in Vietnam. The Veteran’s VA treatment records show that in January 2017, a VA psychiatrist diagnosed the Veteran with chronic PTSD. In May 2018, that same doctor stated that the Veteran’s PTSD stems from the Veteran’s military involvement in the Republic of Vietnam. The Veteran is also currently on medication for his PTSD. As there is now a medical opinion that diagnosed the Veteran with PTSD and links his PTSD to the Veteran’s military stressors, all of the elements for service connection for PTSD have been met, and the benefit is granted. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Megan Shuster, Law Clerk