Citation Nr: 20002841 Decision Date: 01/13/20 Archive Date: 01/13/20 DOCKET NO. 17-03 082 DATE: January 13, 2020 ORDER Entitlement to service connection for gastroesophageal reflux disease (GERD) is denied. Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) is denied. FINDINGS OF FACT 1. The Veteran’s GERD is not shown to be related to his service. 2. The Veteran’s claimed stressors have not been corroborated. 3. An acquired psychiatric disorder, to include PTSD, has not been shown to have manifest in service or otherwise be related to service. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for GERD have not been met. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.102, 3.303 (2018). 2. An acquired psychiatric disorder, to include PTSD, was not incurred in service. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.303, 3.304 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1980 to July 1984 and April 1985 to March 1987. This appeal to the Board of Veterans’ Appeals (Board) is from a January 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran had a hearing with the Board in September 2019. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Service connection may be granted for any disease initially diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). According to VA regulations, entitlement to service connection for PTSD requires that three elements be present: (1) evidence diagnosing PTSD; (2) credible supporting evidence that the claimed in-service stressors actually occurred; and (3) a link between current symptomatology and the claimed in service stressors. See 38 C.F.R. § 3.304(f). Under 38 C.F.R. § 3.384, the term psychosis is defined so as to include brief psychotic disorder, delusional disorder, psychotic disorder due to general medical condition, psychotic disorder not otherwise specified, schizoaffective disorder, schizophrenia, schizophreniform disorder, shared psychotic disorder, and substance-induced psychotic disorder. In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination, the claimant is afforded the benefit of the doubt. 1. GERD The Veteran’s service treatment records, to include the August 1986 examination and medical history reports, are negative for complaints, findings, or diagnosis of a reflux disorder. See August 1986 STR separation examination. Thus, there is no evidence of the claimed disability in service. A May 2002 treatment record indicates that the Veteran has a history of GERD reflux symptoms and subsequent VA treatment records show continued reflux and a current diagnosis of GERD. See May 2002 San Diego VAMC CAPRI Records. Based on the records, his reflux appears to have had its onset more than 10 years after his separation from service. Neither the Veteran nor his representative submitted or identified evidence that links the reflux disorder to service. The Board is aware that the RO did not schedule a VA examination to obtain an opinion and finds one is not needed. There is no competent evidence of any in-service injury or event, or competent evidence suggesting that it may be etiologically related to service. For these reasons, the Board finds a VA medical opinion is not necessary to decide the claim of service connection. McLendon, 20 Vet. App. at 81; 38 U.S.C. § 5103A (d)(2); 38 C.F.R. § 3.159(c)(4)(i)(C). In the absence of an in-service injury or event and favorable nexus evidence, a preponderance of the evidence is against the claim for service connection. As such, the claim must be denied. 2. Acquired psychiatric disorder, to include PTSD The Board finds that the Veteran does not have PTSD related to an in-service stressor. In this regard, the Board notes that there is no objective evidence to show combat participation by the Veteran. The Veteran’s DD Form 214, his service personnel records, and his statement of duty assignments which have been associated with his VA claims folder are pertinently negative for any indication that he served in combat. Here, the Veteran has contended that while on an exercise there was an incident when a Marine was shot by passing in front of another. He also noted a second incident when another Marine in the same company was loading a mortar tube when the last round was still in the tube and the round went off, taking the fingers off his hand. See February 2014 Statement in support of claim for PTSD. Initially the Veteran reported that these incidents occurred prior to autumn of 1983 and then later reported that they occurred between March 1983 and April 1983. In January 2015 VA issued a formal finding of a lack of sufficient information required to corroborate stressors associated with the Veteran’s reported stressors. Indeed, the Veteran has not identified the name of anyone who was allegedly killed or injured or a more specific date of when the injuries of other soldiers occurred. Pertinently, the Veteran’s personnel records do not verify any of his reported stressors. Similarly, his available service treatment records do not document any mental health treatment or report of his claimed stressors. While the Veteran is competent to attest to his in-service experiences and observable symptoms, in light of the evidence discussed immediately above, the Board finds that there is no corroborated in-service stressor. Pertinently, the Veteran did not submit any corroborating evidence verifying his stressors. In short, there is no corroborative evidence, to include the statements proffered by the Veteran which serve to verify his claimed stressors. The Veteran’s medical records show a diagnosis of PTSD due to childhood trauma and military trauma. However, there is no credible evidence linking the Veteran’s diagnosis of PTSD to traumatic events in service. As the record is absent a finding of PTSD related to an in-service stressor, service connection is not warranted for PTSD. With regard to the Veteran’s claim for service connection for an acquired psychiatric disability other than PTSD, the Board notes that the Veteran has been diagnosed with psychosis not otherwise specified in a May 2014 Mission Valley VAMC treatment records. However, although the Veteran has a diagnosis of psychosis, the Veteran has not shown any in-service symptoms or diagnosis of any acquired psychiatric disorder. The Veteran did not report experiencing any in service symptoms of psychiatric disorder during service and his separation examination indicated that he had a normal psychiatric evaluation. See August 1986 Separation examination. (Continued on the next page)   Neither the Veteran nor his representative submitted or identified evidence that links the acquired psychiatric disorder to service. The Board is aware that the RO did not schedule a VA examination to obtain an opinion and finds one is not needed. There is no competent evidence of any in-service injury or event, or competent evidence suggesting that it may be etiologically related to service. For these reasons, the Board finds a VA medical opinion is not necessary to decide the claim of service connection for an acquired psychiatric disorder. McLendon, 20 Vet. App. at 81; 38 U.S.C. § 5103A(d)(2); 38 C.F.R. § 3.159(c)(4)(i)(C). In the absence of an in-service injury or event and favorable nexus evidence, a preponderance of the evidence is against the claim for service connection. As such, the claim for an acquired psychiatric disorder must be denied. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Nadia Kamal, 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.