Citation Nr: 21003323 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 15-16 359 DATE: January 21, 2021 ORDER Service connection for other unspecified trauma and stressor-related disorder is granted.   FINDING OF FACT The Veteran’ psychiatric disorder had its onset during service. CONCLUSION OF LAW The criteria for service connection for other unspecified trauma and stressor-related disorder have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1999 to February 2000 and March 2003 to January 2004. This matter is before the Board on appeal from an August 2012 rating decision. In June 2018, the Board remanded the case for additional development. In October 2020, the Veteran’s representative submitted additional evidence. He waived initial RO consideration of the additional evidence. See 38 C.F.R. § 20.1305(c). Service connection for a psychiatric disorder. Legal Criteria Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. A veteran seeking compensation under these provisions must establish three elements: “(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.” Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Service connection for posttraumatic stress disorder (PTSD) specifically 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). When there is an approximate balance of positive and negative evidence regarding any material issue, all reasonable doubt is resolved in favor of the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Analysis The evidence shows a current mental health disability. The Veteran was first diagnosed with a mood disorder at a VA mental health consultation in September 2007. At a VA psychiatric evaluation in June 2011 the Veteran was diagnosed with an adjustment disorder with anxiety and mild PTSD symptoms. In June 2016, the Veteran underwent a private exam in connection with the current claim and was diagnosed with an unspecified depressive disorder. In June 2019, the Veteran was afforded a VA examination and was diagnosed with an unspecified anxiety disorder. Finally, in September 2020, the Veteran underwent another private examination and was diagnosed with an unspecified trauma and stressor-related disorder, which was determined to be the correct diagnosis. Thus, the first element of service connection, the existence of a present disability, has been met. As to the second element, service records do not document a mental disorder at entrance to service nor do they document complaints, treatment, or diagnosis of any psychiatric disorder in service. However, the Veteran’s post-deployment evaluation dated September 2003 reports that the Veteran has “some” lack of interest, fear of death, and is “unsure” of concern of hurting others. Moreover, the Veteran recounted that his troubles sleeping, need to check his surroundings at night, and dislike of having his back towards anyone started after he returned from his tour in Iraq in 2003. As an infantry soldier, the Veteran performed guard duty, looked for weapons, invaded people’s homes, was shot at, and used his weapon for protection. The Veteran’s mother and a longtime friend both submitted statements cataloging the changes they observed in the Veteran after deployment, including: spending a lot of time alone in his room; rarely sleeping; keeping the light on when he did sleep; and being anxious, restless, and easy to anger. Thus, the in-service element is met. As to nexus, the June 2016 private medical examiner opined that the Veteran’s psychiatric disorder more likely than not began in military service and continued uninterrupted to the present. Yet, in June 2019, a VA examiner determined that the psychiatric disorder was less likely than not incurred in or caused by an in-service condition or event. Most recently, the September 2020 private examiner stated the Veteran experienced stressful situations while deployed to Iraq that impacted his mental health, including training, explosions, and gunfire. The Veteran reported first experiencing anxiety symptoms after witnessing an explosion. The examiner opined that the Veteran’s mental health disorder more likely than not started during service. In weighing the conflicting evidence, the Board finds the June 2016 private examiner’s opinion and the September 2020 private examiner’s opinion, taken together, are more persuasive. Both the private examiners’ opinions discussed the Veteran’s symptoms and the relationship between the Veteran’s diagnosis and his in-service stressful events. The VA examiner noted that he did not review the private examination conducted in June 2016 and indicated, although potentially probative, the prior examination would not contribute heavily in the Veteran’s favor. The VA examiner admitted that it is difficult to determine if the Veteran’s currently diagnosed unspecified anxiety disorder manifested in service. The VA examiner also stated he considered the Veteran’s mother’s statement, but he discounted her observations as incapable of determining matters which require medical knowledge. The evidence of record is at least equally balanced on the question of whether the Veteran’s psychiatric condition was incurred in service. When evidence for and against the claim is in relative equipoise, the Board resolves reasonable doubt in favor of the Veteran. See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. Therefore, the benefit of the doubt is resolved in favor of the Veteran and the Board finds that the Veteran’s psychiatric disorder had its onset in service. Therefore, service connection for a psychiatric disorder, best characterized as other unspecified trauma and stressor-related disorder, is warranted. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.L. Thomas 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.