Citation Nr: 18147965 Decision Date: 11/07/18 Archive Date: 11/06/18 DOCKET NO. 16-46 142 DATE: November 7, 2018 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is denied. FINDING OF FACT 1. The Veteran does not have a diagnosis of PTSD or any other acquired psychiatric disorder during the pendency of this appeal. 2. The preponderance of the evidence is against a finding that an acquired psychiatric disorder, to include PTSD, was initially manifested during or is otherwise etiologically related to the Veteran’s active duty service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, to include PTSD, have not been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty for training from June 1990 to November 1990 and on active duty from July 2010 to August 2011. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision issued a Regional Office (RO) of the Department of Veterans Affairs (VA). The Board notes that the Veteran originally filed a service connection claim for PTSD. In Clemons v. Shinseki, 23 Vet. App. 1 (2009), the United States Court of Appeals for Veterans Claims (Court) addressed the scope of a claim in regard to the disability claimed. In Clemons, the Court held that, in determining the scope of a claim, the Board must consider the claimant’s description of the claim, symptoms described, and the information submitted or developed in support of the claim. Id. Thus, in light of the Court’s decision in Clemons, the Board has re-characterized the issue on appeal as shown on the title page. 1. Entitlement to service connection for an acquired psychiatric disorder. Entitlement to VA compensation may be granted for disability resulting from disease or injury incurred in or aggravated by active duty. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To establish a right to compensation for a present disability, 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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection for PTSD requires (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); (2) a link, established by medical evidence, between current symptoms and an in-service stressor; and (3) credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. § 3.304(f). If a stressor claimed by a veteran is related to his "fear of hostile military or terrorist activity," is consistent with the circumstances, conditions, or hardships of the veteran's service and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms the claimed stressor is adequate to support a diagnosis of PTSD, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor, in the absence of clear and convincing evidence to the contrary. See 38 C.F.R. § 3.304(f)(3). As an initial matter, the Board observes that the Veteran had service in Iraq from August 2010 to June 2011 and received imminent danger pay. In his February 2013 statement in support of claim for service connection for PTSD, the Veteran stated that he was in fear for his life while in Iraq. The November 2013 VA examiner determined that the Veteran’s stressor met criterion “A” for a diagnosis of PTSD. Thus, the Board concedes the Veteran’s stressor of fear of hostile military activity. However, the Veteran has not been shown to meet the full criteria for a diagnosis of PTSD or for another acquired psychiatric disability. The November 2013 VA examiner opined after examination of the Veteran and consideration of the Veteran’s medical history that a PTSD diagnosis was not warranted, and the Veteran was noted diagnosed with any other acquired psychiatric disability. The Board notes that an October 2011 previous PTSD and depression screens at VA were also negative. The November 2013 examiner noted that the Veteran has never been formally diagnosed with PTSD. The examiner concluded that the Veteran’s report of symptoms is not consistent with a diagnosis of PTSD or other mental disorder. The Board finds this opinion probative as it is based on consideration of the Veteran’s stressors, clinical evaluation, and is supported by a rationale. While the Veteran has asserted he has experienced PTSD, he has not been shown to be competent to render a medical diagnosis. Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007). There is no medical evidence in the record establishing that the Veteran has been given a diagnosis of PTSD or another acquired psychiatric disorder. Therefore, because the Veteran does not have a currently diagnosed acquired psychiatric disability, the Board finds that service connection must be denied. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); see also Degmetich v. Brown, 104 F.3d 1328 (1997). In sum, upon careful review and weighing of the evidence, with reasoning as detailed above, the Board finds that the preponderance of the evidence is against the claim for service connection for an acquired psychiatric disorder and the benefit of the doubt doctrine is not for application. See generally Gilbert v. Derwinski, 1 Vet. App. 49 (1990); Ortiz v. Principi, 274 F.3d 1361 (Fed Cir. 2001). The appeal must therefore be denied. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Kamal, Associate Counsel