Citation Nr: 18149706
Decision Date: 11/13/18	Archive Date: 11/13/18

DOCKET NO. 13-15 359
DATE:	November 13, 2018
ORDER
Service connection for acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) is granted.
FINDING OF FACT
The Veteran’s PTSD is related to service.
CONCLUSION OF LAW
The criteria for service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) have been met.  38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. § 3.303, 3.304 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Army from March 1943 to January 1946, including combat service during World War II and his decorations include the Combat Infantryman Badge.
The Veteran presented sworn testimony at a hearing before the undersigned in January 2018.
Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD)
Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service.  See 38 U.S.C. § 1131 (2012); 38 C.F.R. § 3.303 (2017).  Service connection may also 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) (2017).  In addition, a disability which is proximately due to or the result of a service-connected disease or injury shall be service connected.  38 C.F.R. § 3.310 (a) (2017).
The August 2010 VA examiner diagnosed the Veteran with dementia.  The examiner noted that the Veteran filed for service connection for PTSD after mentioning to his physician that he was having flashbacks and occasional nightmares.  The examiner determined that the Veteran did not meet the criteria for PTSD.
In November 2018, the Board requested a Veterans Health Administration (VHA) opinion.  The VHA specialist diagnosed the Veteran as having PTSD related to his World War II combat service.  As such, service connection for PTSD is warranted.
 
STEVEN D. REISS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jacquelynn M. Jordan, Associate Counsel