Citation Nr: 18154711
Decision Date: 11/30/18	Archive Date: 11/30/18

DOCKET NO. 16-52 371
DATE:	November 30, 2018
ORDER
Service connection for posttraumatic stress disorder (PTSD) is granted.
FINDING OF FACT
Currently diagnosed PTSD is related to the Veteran’s exposure to an explosion in service while stationed in Iraq.
CONCLUSION OF LAW
The criteria for service connection of PTSD has been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty with the United States Army from November 21, 2007 to May 26, 2010.  This matter comes before the Board of Veterans’ Appeal on appeal of August 21, 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. 

Service connection will be granted if it is shown that the veteran suffers from a disability resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty, during active military service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.  
The Veteran alleges that he suffers from PTSD as a result of an attack on forward operating base (FOB) Marez in Iraq.  He reports that he was exiting his shelter early in the morning when an explosion threw him back into his room.  He believes several Iraqi policemen were killed. The reported stressor is consistent with the Veteran’s service, and is considered established.
A September 2016 VA examiner declined to diagnose PTSD or any other acquired psychiatric disorder other than a cannabis use disorder.  While the Veteran reported various complaints, the criteria for diagnosis under the DSM-5 were not met.  In contrast, a treating VA psychologist did diagnose the Veteran with PTSD under the DSM-5 in April 2018 following a full assessment and several sessions.  The Veteran reported many of the same symptoms, though noted his cannabis use was in remission.  She related the diagnosis to his experiences in Iraq.
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The Board gives greater probative weight to the April 2018 medical opinion, as the doctor formed her opinion over several sessions, and was able to consider the Veteran’s repots and behaviors without the masking of cannabis use.  As the preponderance of the evidence favors the claim, service connection for PTSD is warranted.
 
WILLIAM H. DONNELLY 
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Emily A. Kotroco, Law Clerk