Citation Nr: 18151654 Decision Date: 11/20/18 Archive Date: 11/19/18 DOCKET NO. 14-13 218 DATE: November 20, 2018 ORDER Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT The Veteran does not have a diagnosis of an acquired psychiatric disorder. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder, to include PTSD have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1964 to April 1967, to include service in the Republic of Vietnam. The case is on appeal from a February 2012 rating decision. In August 2018, the Veteran was notified at his address of record of his Central Office Board hearing in Washington, DC. The Veteran did not appear for the hearing and has not indicated good cause for missing the hearing. Therefore, the Veteran has waived his right to a hearing on this claim. See 38 C.F.R. § 20.704(d). Given the medical evidence of record and contentions of the Veteran, the Board has recharacterized his claim as one for service connection for an acquired psychiatric disorder, to include PTSD. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Pursuant to 38 C.F.R. § 20.900(c), the Veteran’s appeal has been advanced on the docket. 38 U.S.C. § 7107(a)(2). The Board has limited the discussion below to the relevant evidence required to support its finding of fact and conclusion of law, as well as to the specific contentions regarding the case as raised directly by the Veteran and those reasonably raised by the record. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Robinson v. Peake, 21 Vet. App. 545, 552 (2008). Service connection for an acquired psychiatric disorder, to include PTSD Legal Criteria 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. §§ 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”—the so-called “nexus” requirement.” Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). To establish entitlement to disability compensation specifically for PTSD, a claimant must present (1) evidence of a current diagnosis of PTSD; (2) evidence of an in-service stressor, with credible supporting evidence that the claimed in-service stressor occurred; and (3) evidence of a causal nexus between the current symptomatology and the in-service stressor. 38 C.F.R. § 3.304(f). “PTSD is not the type of medical condition that lay evidence... is competent and sufficient to identify.” Young v. McDonald, 766 F.3d 1348, 1353 (Fed. Cir. 2014). Analysis The Veteran is claiming that he has PTSD that is related to service. In a March 2011 statement, the Veteran related his experience serving in the Republic of Vietnam, and specifically a fellow servicemember in his unit who was killed. He states that that was the first time he might not return home to his then-pregnant spouse. VA has already conceded that the Veteran served in a hostile environment while in Vietnam. Thus, in order to establish entitlement to service connection, it must be established that there is a currently diagnosis acquired psychiatric disorder or symptoms thereof which cause functional limitation, and a nexus between the diagnosed disorder (or symptoms thereof) and service. The Veteran was afforded a VA examination of his PTSD in January 2014. The examiner found that the Veteran did not have PTSD or other mental disorder conforming with the Diagnostic Statistics Manual IV (DSM-IV) or DSM-5. During the examination, the Veteran denied current symptoms of a mental disorder, including depression, anxiety, and PTSD. He did report a loss of interest in sex and sleep disturbance, causing him to sleep only 3-5 hours per night, difficulty falling back to sleep when waking in the night and difficulty falling asleep. The Veteran reported seeing a psychiatrist 15 years prior to the examination for sleep problems. The examiner made no abnormal observations regarding the Veteran’s mood, thought process, communication, or appearance. Suicidal and homicidal ideation, intent, and plan were absent. The Veteran denied traumatic experiences during service. Thus, the examiner found that the Veteran’s claimed stressor did not meet the criteria for PTSD, to include as based on fear of hostile military or terrorist activity. Sleep disturbance was said to be the result of sleep apnea and inconsistent use of a continuous airway pressure (CPAP) machine. Loss of interest in sex was not reported to cause functional limitations. The Veteran’s VA treatment records are consistent with the examiner’s finding of an absence of a mental health diagnosis. For instance, in September 2010, screenings for PTSD and depression were negative. The Board finds the examiner’s opinion that there is no current diagnosis of an acquired psychiatric disorder to be convincing. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 302-04 (2008). The examiner reached the conclusion after examination of the Veteran and the Veteran’s reports of his mental health symptom and treatment history. These revealed no current psychological symptoms, except for sleep disturbance which was attributed to sleep apnea. Further, this conclusion is consistent with negative screenings for PTSD and depression in the Veteran’s VA treatment record. Additionally, there was no indication that a loss of interest in sex caused functional impairment. Thus, this symptom cannot meet the current diagnosis requirement. See Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). Therefore, there are no symptoms or current diagnosis of an acquired psychiatric disorder. As the preponderance of the evidence, there is no reasonable doubt to be resolved. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Therefore, service connection for an acquire psychiatric disorder, to include PTSD, is denied. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. George