Citation Nr: 18157864 Decision Date: 12/13/18 Archive Date: 12/13/18 DOCKET NO. 16-40 127 DATE: December 13, 2018 ORDER Entitlement to service connection for an acquired psychiatric disorder is granted. FINDING OF FACT The diagnosed acquired psychiatric disorder has been shown to be etiologically related to the Veteran’s active service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder have been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1963 to September 1983. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision by a Department of Veterans Affairs Regional Office (RO). In August 2018, the Veteran testified at a Board videoconference hearing before the undersigned. The Board notes that additional evidence has been added to the claims file following the last adjudication by the RO in the August 2016 statement of the case, including VA medical records and a VA examination. However, given the favorable disposition of the claim on appeal, there is no risk of prejudice to the Veteran from proceeding without a waiver. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated during service. 38 U.S.C. § 1110, 1131; 38 C.F.R. § 3.303. In order to establish entitlement to service connection, there must be (1) evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) a causal connection between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Service connection may be presumed for certain chronic diseases which develop to a compensable degree within one year after discharge from service, even though there is no evidence of the disease during the period of service. That presumption is rebuttable by probative evidence to the contrary. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. 3.307, 3.309(a). Lay evidence presented by a veteran concerning continuity of symptoms after service may not be deemed to lack credibility solely because of a lack of contemporaneous medical evidence. Buchanan v. Nicholson, 451 F.3d 1331 (2006). The Board has the authority to discount the weight and probity of evidence in light of its own inherent characteristics and its relationship to other evidence. Madden v. Gober, 125 F.3d 1477 (Fed. Cir. 1997). The Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for evidence which it finds to be persuasive or unpersuasive, and providing reasons for rejecting any evidence favorable to the claimant. Masors v. Derwinski, 2 Vet. App. 181 (1992); Wilson v. Derwinski, 2 Vet. App. 614 (1992); Hatlestad v. Derwinski, 1 Vet. App. 164 (1991); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Equal weight is not accorded to each piece of evidence contained in the record; every item of evidence does not have the same probative value. The Board must determine whether the evidence supports the claim or is in relative equipoise, with the appellant prevailing in either case, or whether the preponderance of the evidence is against the claim, in which case, service connection must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990). 1. Acquired Psychiatric Disorder The Veteran asserts entitlement to service connection for an acquired psychiatric disorder. Specifically, the Veteran asserts that he has a diagnosed anxiety disorder related to in-service stressors. Initially, the Board notes that the Veteran’s military personnel records show he served aboard the USS Tutuila, USS Constellation and the USS Proteus, with service in Vietnam and Guam. A review of the claims file shows that in June 2013, the Veteran underwent a VA psychiatric evaluation and was diagnosed with anxiety and assigned a GAF score of 60. The Veteran reported that he was stationed in Vietnam from 1965 - 1969 as a machinist mate. He denied any combat but did report seeing wounded and dead bodies loaded onto his ships. In addition, he reported a traumatic event that occurred while flying from Vietnam to Guam in which his plane had to evade enemy fire. During panic episodes, he reported that his mind went to that event. A December 2013 VA medical record shows the Veteran reported that he first experienced a panic attack while driving shortly after he returned from Guam in 1980. He further reported having similar symptoms during an in-service flight and was surprised to feel the same symptoms while driving. The Veteran was diagnosed with agoraphobia in July 2014. Additionally, in July 2014, the Veteran reported that during service he flew on a plane in Vietnam that was shot at and that the plane “went down very fast.” He further reported being really scared and vomiting after the event. He stated that he believed that event precipitated his current panic attacks. In a June 2015 letter, the Veteran’s psychiatrist stated that a diagnosis for panic disorder had been made with symptoms of the condition noted in 1980 after the Veteran’s transfer from Guam to San Diego. A November 2016 psychiatric intake assessment shows the Veteran reported that while serving aboard the USS Tutuila in a Vietnamese inland waterway, his ship was almost hit by a floating mine. He also reported being ready to fight while on watch. In addition, he stated that he witnessed the decapitation of a sailor during service aboard the USS Constellation. The Veteran further reported that he faced discrimination and mockery during service due to being from the Philippines. The psychiatrist assessed the Veteran with PTSD as a result of combat and non-combat experiences. A March 2017 VA medical record shows the Veteran was diagnosed with major depressive disorder (MDD). Another March 2017 VA medical record noted diagnoses for generalized anxiety disorder (GAD), panic disorder and agoraphobia. In an August 2018 statement, the Veteran asserted that his friend was killed in action in Vietnam which still haunted him many nights. He further stated that he learned of his friend’s death in a military publication. The Veteran further stated that during service he worked a security detail aboard ship during which he “got all wired-up,” profusely sweated and became stressed out and tired. In addition, the Veteran reported that he witnessed wounded and dead soldiers as they were loaded onto ships off the coast of Vietnam. Lastly, the Veteran asserted that while flying from Vietnam to Guam, his plane had to evade enemy fire. The Veteran underwent a VA examination in September 2018. The examiner noted a diagnosis for other specified trauma and stressor related disorder. No other psychiatric disorder was diagnosed. The Veteran reported symptoms of sadness, guilt, rumination and low interest or pleasure, recurrent trauma-related dreams and intrusive thoughts and memories. He also endorsed avoidance of trauma-related memories and thoughts. In addition, the Veteran reported excessive worry, fear, irritability, anger, concentration problems, and sleep disturbance. All symptoms were asserted as due to traumas and stressful events during service. Additionally, the Veteran reported that he began having trauma-related symptoms after his ship came to Long Beach, California from Guam for renovation. The examiner opined that the diagnosed psychiatric disorder “was at least as likely as not (50% or greater probability)” etiologically related to service. In support of this opinion, the examiner noted that the Veteran met the DSM-5 criteria for PTSD traumatic stressor events and that the Veteran had several symptoms that appeared to stem from those traumatic events. While the Veteran was not found to meet the full DSM-5 criteria for PTSD, the examiner did find that he met the criteria for “other specified trauma and stressor related disorder” which was found as likely as not incurred during service. After a review of the evidence of record, the Board finds that service connection for an acquired psychiatric disorder is warranted. The existence of a current disability is the cornerstone of a claim for VA disability compensation. 38 U.S.C. § 1110, 1131; Degmetich v. Brown, 104 F.3d 1328 (1997) (holding that interpretation of section 110, 1131 of the statute as requiring the existence of a present disability for VA compensation purposes cannot be considered arbitrary). In the present case, there is sufficient evidence the Veteran meets the threshold criterion for service connection of a current disability. Boyer v. West, 210 F.3d 1351 (Fed. Cir. 2000). Specifically, during the period on appeal the Veteran has been diagnosed with various acquired psychiatric disorders, including GAD, MDD, panic disorder, agoraphobia and other specified trauma and stressor related disorder. Accordingly, the Veteran has a diagnosed acquired psychiatric disorder and the remaining question is whether the condition is related to service. In this regard, the Board finds the September 2018 VA examination report the most probative evidence of record. The VA examiner opined that the diagnosed psychiatric disorder “was at least as likely as not (50% or greater probability)” etiologically related to service. The VA examiner, a psychologist, based this opinion on a review of the Veteran’s claims file as well as a clinical finding obtained during the VA examination. The Board notes that this opinion is further supported by the June 2015 letter from the Veteran’s psychologist who made a similar determination. Importantly, there is no medical evidence to the contrary. Accordingly, after a review of all the evidence, the Board finds that all three Shedden requirements have been met and service connection for an acquired psychiatric disorder is warranted. The claim is granted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Lamb, Associate Counsel