Citation Nr: 18147160 Decision Date: 11/05/18 Archive Date: 11/02/18 DOCKET NO. 14-35 248A DATE: November 5, 2018 ORDER Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) and major depressive disorder is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, her psychiatric disorder is at least as likely as not related to an in-service assault. CONCLUSION OF LAW The criteria for service connection for a psychiatric disorder are met. 38 U.S.C. §§ 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty for training from April 1987 to September 1987 and from March 1988 to May 1988 in the Army Reserve. She also had service in the Army National Guard, to include from July 1991 to May 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In her October 2014 appeal to the Board, the Veteran declined an optional Board hearing. No subsequent hearing requests have been received. The Board notes that the November 2009 rating decision also denied increased ratings for a right knee disability and left knee disability, and service connection for a low back disability. However, in her February 2010 notice of disagreement the Veteran only asked that her claim for PTSD be reconsidered. Moreover, in her October 2014 Form 9, the Veteran indicated that she was only appealing her claim for PTSD. Accordingly, the only issue on appeal is entitlement to service connection for an acquired psychiatric disorder to include PTSD and major depressive disorder. Legal Criteria A veteran is entitled to VA disability compensation if there is disability resulting from personal injury suffered or disease contracted in line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in line of duty in active service. 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The scope of a mental health disability claim includes any mental disability that may reasonably be encompassed by the veteran’s description of the claim, reported symptoms, and the other information of record. Clemons v. Shinseki, 23 Vet. App. 1 (2009). Thus, the Board has recharacterized the psychiatric claim on appeal to entitlement to service connection for an acquired psychiatric disorder, to include PTSD and major depressive disorder. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b). Facts and Analysis The Veteran contends that she is entitled to service connection for PTSD as a result of a sexual assault by a sergeant in the military. She further reports that the sergeant threatened that she would be sorry if she ever reported the incident. See August 2009 Statement in Support of Claim. The Veteran reports that this incident occurred only days before leaving the military and that she did not have a chance or the time to ask for a transfer to another post. See January 2010 Correspondence. She also reports that she was terrified and did not know what action to take. Post service, the Veteran reports major changes in her life after returning home. See October 2014 Form 9. The record establishes that the Veteran has a current psychiatric disorder. Treatment records show the Veteran has been diagnosed with major depressive disorder and has participated in some mental health treatment. See August 2009 Medical Treatment Record- Government Facility at 1. Consistent with the Veteran’s contentions, in May 2009 the Veteran reported her sexual assault to a VA staff psychologist. See August 2009 Medical Treatment Record-Government Facility at 7. The Veteran attended treatment on a regular basis from September 2008 through August 2009. During her treatment, the Veteran endorsed symptoms of increased nightmares, feeling panicked while driving and feelings of depression. See August 2009 Medical Treatment Record-Government Facility. Regarding an in-service injury, the Board affords probative weight to the Veteran’s contentions, as she is competent to report an in-service injury or event. Moreover, the Veteran’s friend has submitted a statement in which she contends that the Veteran’s mood and behavior were different upon returning home from the military; the Veteran was withdrawn and anti-social. The Veteran admitted to her friend that she had a traumatic experience while serving on active duty in the miliary. See January 2010 Buddy/Lay Statement. Probative weight is afforded to this statement as it further supports the Veteran’s contentions. The Board, viewing the evidence in the light most favorable to the Veteran, finds that the Veteran has an in-service injury or event. Finally, in November 2009, a VA examiner diagnosed the Veteran with PTSD as well as major depression recurrent. The examiner opined that the Veteran’s allegations of manifesting PTSD are at least as likely as not. He further opined that the Veteran’s major depression is linked to PTSD. See November 2009 VA Examination. In a subsequent November 2010 opinion, the same VA examiner provided a similar opinion. He opined that based on the Veteran’s records and medical literature, it is reasonable to conclude the Veteran’s allegations of manifesting PTSD linked to military service are at least as likely as not caused by military service. He also noted that the Veteran was a credible historian. See July 1993 Medical Treatment record. The Board affords probative weight to the examiner’s opinions and finds that they are sufficient to establish a nexus between the Veteran’s current disability and service. (Continued on the next page)   Considering the Veteran’s current diagnosis of major depressive disorder and PTSD, the Veteran’s credible report of in-service assault and the VA examiner’s opinion that the Veteran’s current disability is related to military service, the Board finds that the preponderance of the evidence establishes that the Veteran is entitled to service connection for a psychiatric disorder to include PTSD and major depressive disorder. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Wimbish, Associate Counsel