Citation Nr: 18147892 Decision Date: 11/06/18 Archive Date: 11/06/18 DOCKET NO. 15-14 237 DATE: November 6, 2018 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depressive disorder, is granted. FINDING OF FACT A current acquired psychiatric disorder, diagnosed as PTSD and depressive disorder, is at least as likely as not incurred as a result of active duty service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disability, diagnosed as PTSD and depressive disorder, 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 had active duty service in the Marine Corps from October 1973 to September 1977 and in the Army from August 1981 to June 1995. Entitlement to service connection for an acquired psychiatric disorder Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). Service connection may 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 C.F.R. § 3.303 (d). Service connection will be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). To establish entitlement to service-connected compensation benefits, a Veteran must show "(1) the existence of a present disability; (2) 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-the so-called 'nexus' requirement." Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010). Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125 (a), a link, established by medical evidence, between the current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor actually occurred. 38 C.F.R. § 3.304 (f). If a stressor claimed by a veteran is related to a 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 claimed stressor is adequate to support a diagnosis of PTSD and that a veteran's symptoms are related to the claimed stressor, provided that the claimed stressor is consistent with the places, types, and circumstances of a veteran's service, then the requirement for corroborating the stressor is eliminated. See 38 C.F.R. § 3.304 (f)(3). "Fear of hostile military or terrorist activity" means that a veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the veteran or others, such as from an actual or potential improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft, and the veteran's response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror. Id. In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim must be denied. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102, Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Personnel records reflect that the Veteran had service in Somalia from January 1993 to June 1993. He was a section sergeant for the 24th Transportation Company. In a November 2012 statement, the Veteran reported stressors that occurred when he was in Somalia. He stated that people blocked the road to slow his convoy down or disable the vehicles and pointed weapons at the convoys. A November 1981 entry in the service treatment record reflects that the Veteran complained of personal problems and was referred for counseling. Service treatment records show that the Veteran was referred for a mental health evaluation in September 1992. The Veteran reported a decrease in productivity while on duty. In addition, he has related to his command numerous stress invoking situations in his personal life. The separation examination dated in February 1995 does not reflect any psychiatric complaints or diagnoses. A June 2012 VA treatment record shows that a VA psychologist diagnosed probable PTSD from hostile action in Somalia. Upon VA examination in November 2012, the examiner diagnosed PTSD and depressive disorder, not otherwise specified. The Veteran reported several stressors. The first stressor was that Somalians “would jump on our vehicles and take food.” He reported that Somalians would sometimes start fires in the street to slow the convoys to loot the vehicles. The second reported stressor was that the Veteran witnessed Pakistani soldiers beating civilians at check points. He stated that this led to a counter attack by Somalian warlords with small arms fires toward the Pakistanis and toward the convoy. The third stressor was that the Veteran reported that they did not know how the enemy was. He reported that there were “children with weapons pointed at us and we were hoping no one would open fire.” He reported that there were a lot of people with guns. The examiner opined that these stressors were adequate to support a diagnosis of PTSD and were related to the Veteran’s fear of hostile military activity. In a February 2013 addendum opinion, the examiner opined that the Veteran appeared to be most bothered about the way he was treated in the Army, which occurred prior to the deployment to Somalia, and the subsequent depression related to the way he was treated. Based on the foregoing, the Board finds that the Veteran's diagnosed PTSD is related to stressful incidents that took place in service related to a fear of hostile military activity. The Board also finds that there is competent evidence that the Veteran’s depressive disorder had its onset in active service. The Board therefore concludes that service connection for PTSD and depressive disorder is warranted. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Catherine Cykowski