Citation Nr: 18161311
Decision Date: 12/31/18	Archive Date: 12/31/18

DOCKET NO. 15-32 199
DATE:	December 31, 2018

ORDER

Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is granted.

FINDING OF FACT

The Veteran has been diagnosed with an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD).  In August 2012, she reported to Army authorities that, while on active duty overseas with her reserve unit in July 2005, she was confined, overpowered, and raped by a fellow service member.  An October 2013 Army Criminal Investigation Report found that probable cause had been shown that the rape occurred as reported.  A detailed December 2012 Vet Center evaluation by a military sexual trauma (MST) counselor concluded that the Veteran’s current PTSD with panic attacks stems from the Veteran’s MST.  During the December 2018 Board of Veterans’ Appeals (Board) hearing, the Veteran provided competent and credible testimony describing the in-service MST and her current psychiatric symptoms and treatment.  Overall, the Board finds that a causal link exists between the Veteran’s established acquired psychiatric disorder and the in-service MST.  

CONCLUSION OF LAW

The criteria for service connection for an acquired psychiatric disorder, to include PTSD, have been met.  38 U.S.C. § 1110; 38 C.F.R. § 3.303 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in active duty for training status from June 2003 to August 2004 and from August 2010 to November 2010.  She has additional service in the Army Reserve, including annual training overseas during July 2005.  This matter is before the Board on appeal from a September 2013 rating decision.  In December 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge of the Board.  

To provide the Veteran the broadest and most sympathetic review, the Board has recharacterized the Veteran’s claim of service connection for PTSD to encompass any acquired psychiatric disorder (to include PTSD) as reflected in the Order.  See Clemons v. Shinseki, 23 Vet. App. 1 (2009) (holding that the Board must consider any disability that “may reasonably be encompassed by” the claimant’s description of the claim, symptoms reported, and other submitted information).





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For the reasons outlined above, service connection for an acquired psychiatric disorder (to include PTSD) is granted.

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	N. Robinson, Associate Counsel