Citation Nr: 21000134 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 20-08 663 DATE: January 4, 2021 ORDER Entitlement to service connection for a psychiatric disorder, identified as other specified trauma and stressor related disorder, is granted. FINDING OF FACT 1. The Veteran’s other specified trauma and stressor related disorder is related to the Veteran’s military service. 2. The Veteran does not have a valid diagnosis of post traumatic stress disorder (PTSD). CONCLUSION OF LAW The criteria for entitlement to a psychiatric disorder, identified as other specified trauma and stressor related disorder, have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1961 to July 1987, with service in the Republic of Vietnam. In June 2020, the Board remanded the Veteran’s service connection claim for PTSD to obtain a VA examination to determine the nature and etiology of any psychiatric disorder that may be present. A VA medical opinion was obtained in October 2020. Therefore, the Board is satisfied there was substantial compliance with its remand orders. See Dyment v. West, 13 Vet. App. 141, 146-47 (1999); Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to a psychiatric disorder, other than PTSD, is granted. The Veteran contends that he has PTSD due to the events he experienced in Vietnam. First, with respect to a current disability, the Veteran does not have a diagnosis of PTSD that conforms to the DSM-5. Both the March 2019 or October 2020 VA examiner’s determined that the Veteran’s symptoms did not meet the criteria for a diagnosis of PTSD. The Board acknowledges that a February 2020 private treatment note lists PTSD as an active diagnosis, but this entry contains no additional explanation of how the diagnosis was furnished, to include any stressors in contemplation of which it was furnished or symptoms upon which it was based. A diagnosis of PTSD must be established according to specific criteria. Currently, a diagnosis of PTSD must be established in accordance with 38 C.F.R. § 4.125(a), which provides that all psychiatric diagnoses must conform to the fifth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-5). 38 C.F.R. § 3.304(f). As there is no indication in the record whether the PTSD diagnosis indicated in the February 2020 private treatment note adhered to the necessary criteria, a diagnosis of PTSD cannot be established based on these records. In light of the determination by the VA examiners in 2019 and 2020 that no such diagnosis was warranted, the Board finds that the Veteran does not have a current valid diagnosis of PTSD for VA purposes. The Veteran does, however, have a diagnosis of other specified trauma and stressor related disorder. See March 2019 VA examination and October 2020 VA opinion. Both VA examiners concluded that the Veteran meets the DSM-5 diagnostic criteria for other specified trauma & stressor related disorder. Therefore, the first element of service connection, a psychiatric diagnosis, has been met. Second, with respect to an in-service incurrence, as noted above, the Veteran reported that he his psychiatric disorder is due to events he experienced in Vietnam. For instance, the Veteran reported that he heard explosions; he could feel the vibrations of the B52 dropping bombs; and he could see shots coming from gun ships outside the Air Base. As the Veteran’s military records confirm his service in Vietnam, the Board finds the Veteran competent and credible and are consistent with the places, types and circumstances of his service. Thus, the Board finds the second element of service connection, an in-service incurrence, has been met. Therefore, the only remaining issue is a nexus. With respect to a nexus, the March 2019 VA examiner concluded that the Veteran meets the DSM-5 diagnostic criteria for other specified trauma & stressor related disorder that is at least as likely as not (50 percent or greater probability) incurred in or caused by stressors experienced during military service. Additionally, the October 2020 VA examiner similarly concluded that the Veteran’s other specified trauma & stressor related disorder was at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in-service injury, event, or illness. The examiner reasoned that the Veteran’s report and March 2019 VA examination support trauma symptoms related to combat events in Vietnam. Therefore, the examiner concluded that it is at least as likely as not that other specified trauma & stressor related disorder is due to in-service stressors. The Board finds these opinions probative, as they are based on an examination of the Veteran and a review of the evidence of record. Accordingly, the preponderance of the evidence supports a finding of entitlement to service connection for other specified trauma and stressor related disorder, and the claim is granted. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. E. Grossman, 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.