Citation Nr: 21004942 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 15-05 962 DATE: January 28, 2021 ORDER Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and anxiety, is denied. FINDING OF FACT The Veteran does not have a current diagnosis of PTSD or any other psychiatric disorder for purposes of compensation benefits. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder have not been met. 38 U.S.C. §§ 1110, 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 July 2007 to September 2009, to include service in the Southwest Asia theater of operations. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. The case was remanded by the Board in August 2018 and has since been returned to the Board for appellate review. As the requested development has been completed, no further action is necessary to comply with the Board’s remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an 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, the so-called “nexus” requirement. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection for PTSD requires: (1) medical evidence establishing a diagnosis of the condition; (2) credible supporting evidence that the claimed inservice stressor occurred; and, (3) a link established by medical evidence, between current symptoms and an in-service stressor. 38 C.F.R. § 3.304(f). Lay testimony alone can establish the occurrence of the claimed in-service stressor in certain circumstances, which include: when PTSD is diagnosed during service and the claimed stressor is related to that service, when the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, when the stressor claimed by a veteran is related to the veteran’s fear of hostile military or terrorist activity and certain other conditions are met, and when the veteran was a prisoner-of-war and the claimed stressor is related to that prisoner-of-war experience. Id. In other cases, the claimed stressor must be corroborated by credible supporting evidence. Service treatment records show that the Veteran was diagnosed with PTSD, depression, and substance abuse in June 2008, and anxiety disorder, various substance dependence, and adjustment disorder in July 2009. However, the preponderance of the evidence shows that after service the Veteran does not have a diagnosed acquired psychiatric disorder other than a personality disorder. Notably, personalities disorders are not considered diseases or injuries within the meaning of applicable legislation. 38 C.F.R. § 3.303(c). The Veteran reported for VA examination in February 2012 and was diagnosed with personality disorder, NOS with antisocial features and cannabis dependence. Regarding mental status and behavioral observations, the examiner found that the Veteran came across as disingenuous. The examiner also noted there were significant concerns with the reliability/credibility of the Veteran’s self-report as the Veteran minimized his medical history prior to the service and blamed all of his problems exclusively on his time in service, and because of inconsistencies and unusual presentation. The examiner found the Veteran noncredible and unreliable and ultimately opined that based on the Veteran’s personality disorder, he would be experiencing emotional distress regardless of military service. During VA treatment the Veteran has reported being diagnosed with PTSD and having PTSD symptoms; however, records do not show that he has actually been assessed and diagnosed with PTSD. Notably, during an October 2014 mental health consultation, the healthcare provider explained that the Veteran did not have a definitive PTSD diagnosis. While the Veteran continued to report to having a PTSD diagnosis, this is not confirmed in the medical treatment records. Upon Board remand, the Veteran presented for another VA examination in October 2020 at which time he was interviewed by the examiner who also reviewed the pertinent medical history and performed an interview and examination. The October 2020 examiner opined that the claimed acquired psychiatric disorder was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. In support of this conclusion, the examiner explained that the Veteran does not meet criteria for diagnosis of PTSD, depressive disorder, or anxiety disorder per the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). The examiner found that the Veteran did not have any mental disorder that conforms with DSM-5 criteria. Furthermore, the examiner explained that the Veteran exhibited features of malingering, provided vague answers, was unable to give any specifics regarding stressors, and only answered positive PTSD questions when they were framed as yes or no questions. Importantly, the examiner explained that the Veteran had demonstrated anger issues prior to service with disorderly conduct, and that the Veteran is feigning PTSD symptoms, which explained his responses and no PTSD diagnosis. The Board finds this opinion highly probative as it was made by a medical professional with consideration of the specific facts in this case and after examination and interview of the Veteran. The opinion is also supported by other evidence of record. As noted above, the 2012 examiner also questioned the Veteran’s credibility and VA treatment records do not show an actual assessment resulting in a diagnosis of PTSD. The Board acknowledges that the Veteran’s VA treatment records suggest a diagnosis of PTSD and anxiety; however, ultimately finds more probative the VA examination reports showing no psychiatric diagnoses other than a personality disorder. The examination reports suggest the Veteran is not credible, not reliable as to reporting his history, and is malingering. The examiners explained the reasoning for their findings, interviewed the Veteran, considered the available records, and performed examinations. Because the VA examiners specifically determined whether the Veteran had a mental health disorder under the Diagnostic and Statistical Manual of Mental Disorders and their opinions are well reasoned, detailed, consistent with other evidence of record, and included reviews of the pertinent history including the Veteran’s statements, the Board finds them highly probative. They are the most probative evidence in this case. As a result, the Veteran’s statements are found to lack credibility. In addition, the Board finds the most probative evidence indicates there is no current psychiatric disability for purposes of VA compensation benefits. 38 C.F.R. §§ 3.303(a), (c), 3.304(f). In sum, the Veteran does not have PTSD or any current acquired psychiatric disorder. Absent a current disability service connection must be denied. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. J. Kim, 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.