Citation Nr: 20005693 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 18-37 249 DATE: January 23, 2020 ORDER The claim for service connection for an acquired psychiatric disorder to include simple phobia, panic attacks, and generalized anxiety disorder (GAD) is granted. FINDING OF FACT An acquired psychiatric disorder to include simple phobia, panic attacks and GAD had its onset during active service. CONCLUSION OF LAW The criteria for the grant of service connection for an acquired psychiatric disorder to include simple phobia, panic attacks, and GAD are met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the U.S. Army on active service from February 1999 to February 2003. This appeal comes before the Board of Veterans Appeals (Board) from an August 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The issue has been framed as one involving new and material evidence to reopen the previously denied claim. However, as the Veteran submitted additional service records relevant to his claim, reconsideration of the claim is the appropriate action. See 38 C.F.R. § 3.156(c). Additionally, he Veteran, as a layperson, is not competent to distinguish between competing psychiatric diagnoses, and so a claim of service connection for one is considered a claim for all. Clemons v. Shinseki, 23 Vet. App. 1 (2009). The issue is therefore characterized to include all potentially diagnosed psychiatric disorders. Under the relevant laws and regulations, 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 (2012). Generally, the evidence 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. Shedden v. Principi, 391 F.3d 1163, 1166-67 (Fed. Cir. 2004). Service connection for posttraumatic stress disorder (PTSD) has unique evidentiary requirements. It generally requires: (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a) (i.e., DSM-5); (2) credible supporting evidence that the claimed in service stressor actually occurred; and (3) medical evidence of a link between current symptomatology and the claimed in service stressor. 38 C.F.R. § 3.304(f). See also Cohen v. Brown, 10 Vet. App. 128 (1997). At the outset, the Board observes that the Veteran has been diagnosed with PTSD by a licensed private psychologist, Dr. KPS. However, the psychologist does not state the diagnosis meets the required DSM-5 criteria. VA examinations in 2014 and again in 2016 found that the Veteran does not meet the diagnosis of PTSD within the criteria of DSM-5. However, the Veteran is diagnosed with simple phobia (fear of flying), panic attacks, and GAD. As will be explained, all elements of Shedden are met with regard to these diagnosed acquired psychiatric disorders. The Veteran is diagnosed with simple phobia (fear of flying). He is also diagnosed with panic attacks and GAD by VA doctors. In addition, STRs show complaints of anxiety, depression, and stress in November 2001 and of fear of flying and worry to the point of stomach pain in October 2002. He attributes his anxiety, depression, and panic to four particular incidents. First, a 120-millimeter mortar round unexpectedly exploded during a live fire exercise in March and April 2002, at Fort Irwin, California, killing three soldiers from the Veteran’s unit. The Veteran and several other soldiers were stationed above the area of the explosion but could do nothing because they were ordered to stay in place. They could only wait and watch. Second, the flight back to base after the exercise was very turbulent and difficult for the Veteran. He was observed to rock back and forth in his seat. Third, while fighting forest fires in Oregon and Washington State, a member of the Veteran’s team fell off a ridge and was seriously injured. The team descended and rendered aid until the soldier could be medevac’d out. He did not return to duty. Fourth, the Veteran reports his son died of sudden infant death syndrome and the Veteran traveled to Germany to be with the child’s mother for the funeral. The long flight was difficult and severely stressing. These experiences are verified by the service records, lay witness, and contemporary news accounts. The 2014 VA examiner opined that the Veteran’s flying phobia was more than likely caused by an incident during active duty in 2002 in which he experienced airplane turbulence. However, both the 2014 and 2016 VA examiners opined that the Veteran’s symptoms of anxiety other than fear of flying, unspecified anxiety disorder and GAD, were not related to active service. Neither examiner provided a sufficient rationale for their opinions, however, and failed to address in-service complaints and reports of continued problems since service. In contrast, the Veteran’s private treating psychologist observed that the Veteran’s persistent and moderately severe anxiety and panic symptoms are the result of the stressful events the Veteran experienced during active service, causing prolonged psychological distress, including significant anxiety, anger, and panic. These symptoms, Dr. KPS opined, “began shortly after his traumatic experiences in the military, and they have persisted to the present.” Although Dr. KPS diagnosed the Veteran with PTSD, it is clear that the symptoms the psychologist describes includes anxiety and panic attacks; VA examiners associate these symptoms with simple phobia, panic attacks, and GAD. Dr. KPS’s observations of persistent and continuing symptoms are consistent with the evidence of record. Private and VA treatment records document the Veteran’s show the Veteran sought treatment for symptoms of trouble focusing and anger in 2005, reporting the death of a child. At a VA general medical examination in 2009 he reported a history of anxiety. Thereafter, VA treatment records reflect observations of symptoms of anxiety with diagnosis of panic attacks and GAD associated with the events the experienced as described above. Given the foregoing, the Board finds the opinion of Dr. KPS—insofar as the psychologist associates the Veteran’s anxiety and panic attacks with his active service—to be competent and probative to the issue at hand, and consistent with the other competent and credible evidence of record. In other words, due to events in service, the Veteran is shown to have developed a variously diagnosed anxiety disorder which has persisted from service to the present. Accordingly, service connection for simple phobia, panic attacks and GAD is warranted. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L.J. Bakke, 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.