Citation Nr: 19190880 Decision Date: 12/03/19 Archive Date: 12/03/19 DOCKET NO. 16-34 029 DATE: December 3, 2019 ORDER Entitlement to service connection for an acquired psychiatric disability is granted. FINDING OF FACT The probative and competent evidence of record supports that the Veteran’s acquired psychiatric disorder is the result of an incident or injury during service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, diagnosed as other specified trauma and stressor-related disorder, are met. 38 U.S.C. §§ 1110, 1131, 5107 (b); 38 C.F.R. § 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1968 to December 1969. His personnel records note his military occupational specialty (MOS) as cannoneer and service in Vietnam. The claim was previously before the Board in January 2019 when it was remanded for further development. Entitlement to service connection for an acquired psychiatric disability The Veteran contends that his acquired psychiatric disorder was incurred or caused by active service. The Board concludes that the Veteran has a current disability that is related to his service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The Board previously remanded the claim because a July 2015 VA examination and opinion were inadequate because the examiner did not include a rationale. In July 2018, the Veteran testified at his Board hearing that he was involved in combat in Vietnam and his MOS was cannoneer. The Veteran also testified that he was uncomfortable with the examiner which caused him to withhold important information. Pursuant to the January 2019 remand, the Veteran was given a VA examination in July 2019. The VA examiner found that the Veteran does not meet the threshold for a PTSD diagnosis, but was diagnosed with “other specified trauma and stressor-related disorder.” The examiner opined that the Veteran’s other specified trauma and stressor-related disorder resulted from the trauma the that he witnessed in Vietnam. The examiner detailed the Veteran’s report about his experiences in Vietnam, to include when his base experienced a ground attack one night, where the enemy shot rockets and small arms fire. The Veteran further reported that he and his unit members couldn’t return fire. They got as far back as possible and “pumped” 40-millimeter grenades. A rocket came in and hit the side of a duster (track vehicle) and then struck a new kid taking the right side of his head off. This individual died after about 45 minutes. The VA examiner specifically stated that he did not find the Veteran to be feigning. The examiner further stated, His mental health symptoms are not severe or frequent enough to represent PTSD, but there are indications of subthreshold PTSD symptoms that can be best characterized by a diagnosis of Other Specified Trauma and Stressor-related Disorder. This category applies to presentations in which symptoms characteristic of a trauma and stressor-related disorder that cause clinically significant distress or impairment in social, occupational, or other important areas of functioning predominate but do not meet the full criteria for any of the disorders in the trauma and stressor-related disorders diagnostic class. There appears to be a direct link between his subthreshold PTSD symptoms and his trauma stressor experienced during his military service. The Veteran also reported to the VA examiner that he experiences Irritable behavior and angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression toward people or objects, hypervigilance, sleep disturbance, Avoidance of or efforts to avoid distressing memories, thoughts, or feelings about or closely associated with the traumatic event(s), recurrent distressing dreams (Continued on the next page)   The Veteran, as a lay person, is competent to report psychiatric symptoms in and since service. See Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir 2006). His statements, regarding experiencing psychiatric symptoms are credible and consistent with the lay and medical evidence of record. There is no medical opinion indicating a lack of nexus between the current acquired psychiatric disorder, diagnosed as other specified trauma and stressor-related disorder, and service. The competent probative evidence supports the finding that the Veteran’s acquired psychiatric disorder, diagnosed as other specified trauma and stressor-related disorder, is related to his service. 38 U.S.C. §§ 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309. Accordingly, service connection for an acquired psychiatric disorder, is warranted. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. G. Perkins, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.