Citation Nr: 18154744 Decision Date: 12/03/18 Archive Date: 11/30/18 DOCKET NO. 15-00 672 DATE: December 3, 2018 ORDER Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depression, is granted. FINDING OF FACT Competent, credible evidence of record supports a finding that the Veteran’s psychiatric disorders are related to his active duty service. CONCLUSION OF LAW Resolving reasonable doubt in the Veteran’s favor, the criteria for service connection for an acquired psychiatric disorder, to include PTSD and depression, have been satisfied. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 4.125. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1969 to June 1971, to include service in the Republic of Vietnam. The Veteran was scheduled for a Board of Veterans’ Appeals (Board) hearing at the Regional Office (RO). In August 2017, the Veteran withdrew his hearing request. Accordingly, appellate review will proceed without a hearing. 38 C.F.R. § 20.704(d). The Veteran asserts that his current psychiatric disorders are a result of his military service. For psychiatric disorders other than PTSD, in order to prove service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. See, e.g., Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). The Veteran contends that his current psychiatric disorders are due to his Vietnam service. In statements to the Department of Veterans Affairs (VA) he stated that his close friend T.B. was killed in April 1971 during combat and his commanding officer W.R. was killed by another soldier in his unit. To support his claim the Veteran submitted website articles that document the 10th Cavalry’s service in Vietnam and pages that document that T.B. and W.R. were killed in Vietnam. See Vietnam Veterans Memorial T.B.. and W.R. website pages. Military personnel records reflect the Veteran was a tank commander with Troop C, 1st Squadron, 10th Cavalry in Vietnam from June 1970 to June 1971. In October 2012 response from the Defense Personnel Records Information Retrieval System (DPRIS) confirmed that Captain W.R., a member of Troop C, 1st Squadron, 10th Cavalry died a non-hostile death due to intentional homicide on January 27, 1971 in South Vietnam. In October 2011 the Veteran’s private treatment provider reported the Veteran has symptoms of PTSD and is under evaluation by appropriate mental health professionals, and he would most probably defer to the specialty practitioner’s judgment in this regard. He reported that his expertise insofar as it related to PTSD is concerned with the recognition of the disorder for the purpose of referral to the appropriate specialists, but that his opinion as to the existence of PTSD is based on his experience following PTSD patients under the care of appropriate practitioners. The treatment provider, a diagnostic consultant, diagnosed PTSD and explained that given the history and elements of the Veteran’s PTSD, it is far more likely than not that the disorder is directly and causally related to his military service. The Veteran underwent psychological evaluation by his private psychologist in October 2011. During the interview the Veteran reported that he was charged with protecting highway 19 near An Khe, Vietnam, a high ambush route. He explained his duties mine sweeping, setting up claymore mines, and conducting reconnaissance, and that he was exposed to small arms fire almost every day. He reported he was approximately 10 to 15 feet away when his commanding officer was killed, witnessing the aftermath of the event. The examiner diagnosed PTSD and depressive disorder not otherwise specified. He explained the Veteran described the reexperiencing, avoidance, and hyperarousal symptoms found in individuals suffering from PTSD; significant depressive symptoms including anhedonia were also indicated. He reported a history of substance abuse, primarily involving the use of excessive alcohol and social functional impairment were noted. He reported significant cognitive difficulties in the form of problems with attention and concentration, immediate memory, as evidenced by the results of the mental status examination were also apparent. He reported symptoms are as likely as not service-connected. The Veteran underwent VA examination in April 2012. The examiner reported the Veteran does not have a diagnosis of a mental disorder that conforms with the diagnostic criteria. He reported mild or transient symptoms do not warrant a mental disorder diagnosis. The examiner stated that although the Veteran reports sleep impairment, this cannot be attributed solely to a mental disorder until the results of the sleep apnea study are available. The examiner stated that since PTSD is not found an opinion cannot be formed. He explained that in the Veteran’s case there is no objective evidence of functional impairment socially, occupationally, or in his activities of daily living based on a mental disorder including PTSD. He explained the Veteran demonstrated he could maintain employment and advance in his career of 35 years and worked an additional 8 years driving a school bus. He reported the Veteran recently retired and moved and that there is no objective evidence of a history of mental health issues or treatment. He explained the evaluation by the Veteran’s private psychologist was noted but he disagreed with her diagnoses, explaining that the Veteran does not meet the criteria for a mental disorder at this time. VA treatment records reflect the Veteran undergoes regular treatment for anxiety, depression, and PTSD. The Board finds the Veteran has current diagnoses for psychiatric disorders related to his military service. Although the VA examiner who evaluated the Veteran did not diagnose a mental disorder, his private psychologist diagnosed PTSD and depression after in-person examination based on the Veteran’s military trauma. The Board affords no probative value to the private diagnostic consultant’s opinion. Such opinion requires specific medical training in the field of mental health and he stated his expertise is limited to recognizing symptoms for referral purposes and he defers to the specialty practitioner’s opinion. The Board finds the VA examiner and private psychologist opinions equally probative. The physicians discussed the Veteran’s medical history, evaluated the Veteran using complete diagnostic criteria, and supported their opinions with reasoned medical explanations. The conflicting medical evidence essentially amounts to a disagreement with regards to whether the Veteran displayed sufficient impairment at the time of the VA examination. The Veteran has a verified stressor based on his service in Vietnam and current mental health diagnoses related to that stressor. Accordingly, resolving any doubt in favor of the Veteran, the Board finds that the evidence is at least in equipoise with regard to whether the Veteran has current psychiatric diagnoses related to active service. See 38 C.F.R. §§ 3.102, 3.303, 3.304; see also Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). Given the above, service connection for an acquired psychiatric disorder, to include PTSD and depression, is warranted. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Gonzalez, Associate Counsel