Citation Nr: 20008451 Decision Date: 01/31/20 Archive Date: 01/31/20 DOCKET NO. 16-58 503 DATE: January 31, 2020 ORDER Service connection for posttraumatic stress disorder (PTSD) is granted. REMANDED A total disability rating based on individual unemployability (TDIU). FINDINGS OF FACT 1. The Veteran had active service from June 1970 to June 1973, to include service in the Republic of Vietnam. 2. The Veteran has a current diagnosis of PTSD which has been related to stressors in service. CONCLUSION OF LAW PTSD was incurred in service. 38 U.S.C. §§ 1110, 5103(a), 5103A, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303(a), 3.304 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION In connection with this appeal, the Veteran testified before the undersigned Veterans’ Law Judge (VLJ) at the regional office (RO) in October 2019. A copy of the transcript has been associated with the record. Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. § 3.304(f). If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor. 38 C.F.R. § 3.304(f)(2). The Veteran contends that his PTSD is a result of his fear of hostile military and several specific stressors during his time in service. Specifically, he contends that his service on the ground in Vietnam caused or significantly contributed to these stressors. As to a current disorder, in a June 2015 VA examination, the Veteran was diagnosed with PTSD and an unspecified depressive disorder. Additionally, his private treating physicians have also diagnosed PTSD beginning in 2009. While there are contradictory opinions of record regarding his diagnosis, for purposes of this decision, the medical evidence supports a current diagnosis of PTSD and the first element of service connection is met. As to a medical link between current symptoms and an in-service stressor, the June 2015 VA examiner, a PhD psychologist, noted that the Veteran’s PTSD symptoms were all related to his specific in-service stressors. The examiner reasoned that the Veteran directly witnessed these stressors, and that he lived in fear for his life during his time in service in Vietnam. As such, the second element of service connection has also been satisfied. As to credible evidence that the claimed in-service stressor occurred, the Veteran has specifically reported several stressors including: witnessing the death by impalement of fellow service members unloading rockets, sappers getting through wires and turning claymore mines toward the Veteran, being on guard duty and hearing bullets go by which he could not fire back upon, and cleaning the blood off of returning aircrafts which carried the bodies of wounded or deceased service members. The Veteran’s DD-214 reveals that he was awarded the Vietnam Service Medal with one Bronze Service Star, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the Expert in Rifles Medal. It also supports his contention that he served on the ground in Vietnam for almost a full year. Additionally, he has gathered buddy statements from fellow service members who were with him and witnessed the stressors. As such, the evidence shows that the Veteran engaged in combat and his lay testimony alone may establish the occurrence of the claimed in-service stressor. Therefore, the third element is met. Based on the above, service connection for PTSD is warranted and the appeal is granted. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). REASONS FOR REMAND The Veteran has asserted he should be entitled to a TDIU. Service connection for PTSD has been awarded in this decision; however, the RO has not yet rated this issue. An award of TDIU is inextricably intertwined with the award of this rating and thus remand is necessary. The matter is REMANDED for the following actions: 1. Identify and obtain any outstanding VA treatment records and associate them with the claims file, specifically any referring to the Veteran’s ability to obtain and maintain gainful employment. 2. Assign a rating to the issue service-connected in this appeal. 3. Conduct any necessary development to evaluate the claim for a TDIU, including obtaining any outstanding Social Security Administration records. Also, if necessary, schedule an examination. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Yacoub, 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.